ALCOAST 198/21 - MAY 2021 FY21 WORKFORCE PLANNING TEAM RESULTS - JUDGE ADVOCATE GENERAL RETENTION BONUS

R 261801Z MAY 21
FM COMDT COGARD WASHINGTON DC
TO ALCOAST
BT
UNCLAS
ALCOAST 198/21
SSIC 7220
SUBJ: FY21 WORKFORCE PLANNING TEAM RESULTS - JUDGE ADVOCATE
GENERAL RETENTION BONUS
A. COMDT COGARD WASHINGTON DC 101302 SEP 20/ALCOAST 334/20
B. Title 37 U.S. Code – Pay and Allowances of the Uniformed Services
C. Military Bonus Program, COMDTINST M7220.20 (series)
D. Coast Guard Medical Manual, COMDTINST M6000.1 (series)
E. Coast Guard Weight and Body Fat Standards Program Manual,
COMDTINST M1020.8 (series)
F. Title 10 U.S. Code – Armed Forces
G. Coast Guard Pay Manual, COMDTINST M7220.29 (series)
1. OVERVIEW: This ALCOAST is a FY21 update to REF (A) and
announces a retention bonus for eligible active duty Direct
Commissioned Lawyers (DCL) who are LT/03 officers designated
as Judge Advocates within the Coast Guard legal program (CGJAG).
This offer is a $10,000, per year, bonus for at least one (1)
year, but not more than two (2) years of obligated service under
Section 321 of REF (B). Officers must execute a contractual
agreement to obligate one (1) or two (2) additional years of
active duty commissioned service. This retention offer is
exclusive to CGJAG officers who meet all eligibility requirements
below and forms the basis for this incentive. Bonus pay is
supplemental to any other pay and allowances to which an officer
is entitled.
     a. The $10,000 per year bonus is authorized for eligible active
duty officers who submit completed written agreements for at least
one (1), but not more than two (2) years of newly obligated active
duty service during FY21 as defined in REF (C).
     b. The bonus offerings in this ALCOAST begin in FY21 (01 Oct 2020
and not before) and are anticipated to remain in effect until the
end of FY21 (30 Sep 2021 and not after) contingent upon Congress
extending the authority to make payments. Monetary interventions
may be adjusted or terminated not less than 30 days of advance
official notice.
2. ELIGIBILITY: Qualified officers must be eligible for a COMDT
(CG-LGL10) position assignment and must accept assignment to the
CGJAG billet designated by LPD or must agree to remain in the
currently assigned CGJAG billet up until time of PCS. The bonus
applies exclusively to the following fully qualified active duty
CGJAG officers:
     a. A LT/O-3 DCL designated as a CGJAG or will achieve
designation by 30 SEP 2021. Failure to obtain designation
by 30 Sep 2021 will result in termination of the Bonus
Agreement and will trigger repayment of any unearned bonus
payment;
     b. A DCL on an Extended Active Duty contract incurred
through the officer’s original commissioning program that
expires between 01 Oct 2020 and 30 Sep 2021;
     c. Have current federal student loan debt from law school
greater than or equal to the payment amount of the bonus offer
subject to Office of Legal Policy and Program Development
(CG-LPD) approval;
     d. Maintain physical and medical standards for continuous
retention IAW REF (D);
     e. Maintain compliance with weight and body fat standards
IAW REF (E);
     f. Years of total combined commissioned active duty or
combined active duty commissioned service in a reserve component
cannot exceed 21 years, 00 Months, and 00 Days as of the effective
date of the bonus agreement;
     g. Have no current obligated active commissioned service, as
defined in Paragraph 3.d. of this ALCOAST, beyond 30 Sep 2021,
unless such obligated service is the result of signing an Extended
Active Duty continuation contract between 1 Oct 2020 and the date
of this ALCOAST;
     h. Have no more than 25 years, 00 months, and 00 days total
active duty service at the completion of the bonus agreement
term;
     i. May not have an existing continuation contract agreement
pursuant to 14 U.S.C. §§ 2143(b), 2145(b), or 2150; and,
     j. Not be in a retired recall status.
3. DEFINITIONS:
    a. ACTIVE DUTY SERVICE COMMITMENT (ADSC): The ADSC is the
number of years an officer agrees to obligate commissioned
service under a Bonus Agreement. The ADSC commences on the
date after the Service member completes any currently obligated
service period or has met all eligibility requirements,
whichever is later.
    b. BONUS AGREEMENT: A written contractual agreement between
a Service member and the Coast Guard in which the Service member
agrees to remain on active duty for a specific period of time.
In return, the Service member receives the bonus contingent upon
abiding by all eligibility and retention conditions of the
agreement throughout the entire contractual term. The only
approved Bonus Agreement to be used per this ALCOAST is the
“CGJAG OFFICER Bonus Agreement.” The Bonus Agreement form is
available from the Office of Legal Policy and Program Development
(CG-LPD) Program Manager, CDR Shanell King.
    c. BONUS AGREEMENT SUBMISSION DATE: For management, assignment,
and oversight purposes, Bonus Agreements must be reviewed by the
member’s command and forwarded to COMDT (CG-LPD) for approval no
later than 30 Jun 2021. Extension of the application deadline will
not normally be allowed. Officers with exceptional circumstances
may request a waiver for submission of their agreements past the
due date from COMDT (CG-133) thru CG PSC-OPM-2.
    d. CURRENT OBLIGATED ACTIVE DUTY SERVICE: Current obligated
active service period includes:
        (1) Any service obligations for initial entry into the
Coast Guard via the DCL program.
        (2) Obligated service under an existing agreement and
obligated service for receipt of training and education.
        (3) Current obligated service does not include obligated
service for promotion, permanent change of station (PCS),
tuition assistance, Post 9/11 GI Bill benefits transfer, or
specific graduate education in the officer’s primary field
of study.
    e. EFFECTIVE DATE OF THE AGREEMENT:
        (1) The Effective date of the Bonus Agreement is the date
upon which the officer signs and COMDT (CG-LPD) approves/signs
the agreement.
        (2) Officers signing this bonus agreement will not be
paid any portion of the bonus until they meet the eligibility/
qualification criteria contained in paragraph 2 of this ALCOAST.
4. POLICY: Officers must abide by and continuously maintain the
eligibility criteria of this ALCOAST for the entirety of the
obligated ADSC in the designated career field.
    a. An officer who is paid a bonus under this offer during the
period of ADSC covered by the signed Bonus Agreement and who
fails any of the eligibility criteria will be required to repay
any and all unearned portions of the bonus under the provisions
of Section 373 of REF (B).
    b. If an officer loses qualification, or is no longer qualified
for those assignments in paragraph 2 of this ALCOAST due to the
fault of the officer, any unearned portion of the bonus payment
as of the date of removal from eligibility will be repaid.
        (1) The Bonus Agreement does not guarantee an officer will
remain on active duty for the entirety of the ADSC if earlier
administrative separation, retirement, or involuntary separation
for cause is awarded or appropriate.
    c. Bonus Agreement limits and payment of bonus. The bonus will
be paid in a lump sum IAW REF (C) subject to 22% federal and
applicable state income tax withholdings that are not contributed
to a tax-deferred Thrift Savings Plan (TSP) account. Officers
desiring to contribute bonus monies to a TSP account must consider
the TSP Elective Deferral limit and confirm election not less than
30 days prior to receipt of the bonus.
        (1) The lump sum will normally be paid on the next pay cycle
the day after the member meets all eligibility requirements, and
a PPC Customer Care ticket has been submitted. If the officer does
not meet the eligibility requirements by 30 Sept 2021, the officer
is ineligible for the bonus payment.
        (2) Once a Bonus Agreement is signed, it will remain in
effect until the agreement expires. Officers may request a new
agreement upon expiration of their existing agreement provided
a bonus is being offered and the officers meet the eligibility
requirements of the bonus program then in effect.
        (3) IAW Section 371 of REF (B), an officer is prohibited
from receiving a bonus payment pursuant to Subchapters I and II
of Chapter 5 of Title 37, U.S.C., for the same activity, skill,
or period of service.
        (4) It is prohibited for an officer to receive multiple
bonus payments for the same period of service, unless specifically
authorized by the Assistant Commandant for Human Resources (CG-1).
    d. ADSC Adjustments and Bonus Agreement non-compliance.
        (1) When a bonus for an officer is suspended or terminated
as described in this ALCOAST, CG PSC-OPM will not automatically
adjust the ADSC for an officer. An officer whose bonus eligibility
ends may submit a request, with supporting material, to change
the ADSC to CG PSC-OPM, who will consider the request and
supporting material in making a determination as to whether
or not to change the ADSC.
        (2) An ADSC does not guarantee that an officer will remain
on active duty indefinitely if earlier administrative separation
is appropriate.
        (3) Entitlement to this bonus will not be restored when loss
of qualification was due to personal fault and the officer later
re-qualifies during the original ADSC.
        (4) The Coast Guard can initiate involuntary separation
under Military Separations, COMDTINST M1000.4 (series), earlier
than the ADSC date.
    e. Repayment of Unearned Bonus Amounts. Per Section 373 of
REF (B), unearned bonuses will be repaid, unless collection is
accepted under authorized conditions.
        (1) Except under conditions described in paragraph 4.f.,
the Coast Guard will demand repayment of any unearned bonus
commensurate with time remaining on the officer’s active duty
obligation when discharged, released from active duty, or the
date the officer has been determined to no longer be in
compliance with the Bonus Agreement.
        (2) CG PSC-OPM will include a statement on the separation
authorization for any officer with remaining obligated service
from a bonus agreement that any unearned bonus must be repaid
by the officer. These separation authorization statements must
include the reason for demanding repayment and advise the officer
of the opportunity to apply for an exception to repayment along
with the procedures on how to submit the request.
    f. Authorized exceptions to repayment of unearned bonuses
include the situations listed below and must be cited by CG
PSC-OPM in separation authorizations or other documentation:
       (1) Separated, retired, or lost bonus eligibility by reason
of combat-related physical disability, illness, or injury, and not
due to misconduct.
       (2) The term “combat-related” has the same meaning as in
Section 1413a of REF (F) and further described in Section 16.D.6.
of REF (G).
       (3) Combat-relatedness determinations will be made by CG
PSC-PSD-MED.
       (4) In cases where an officer with a current Bonus Agreement
in effect 1) dies or 2) is retired or separated with a combat-related
disability, and the death or disability is not the result of the
officer’s misconduct, any bonus installment amount previously
paid must not be repaid. Further, the full amount of the Bonus
Agreement amount not yet paid prior to the date of 1) death or
2) retirement or separation due to combat-related disability
but to which the officer was eligible immediately before the
death, retirement, or separation and would otherwise be paid
if not for the death, retirement, or separation must be included
as a lump sum in the officer’s final settlement of pay and
allowances. The lump sum must be equal to the full remaining
amount specified in the agreement as if the officer continued
to be eligible for the remaining bonus payments. This payment
must be paid not later than 90 days following the officer’s
death, retirement, or separation.
       (5) Sole survivorship discharge.
       (6) When explicitly excepted from repayment by Coast Guard
personnel policy.
       (7) All other requests for exceptions to repayment of
unearned bonus amounts must be approved by COMDT (CG-8C).
Consideration for exception to repayment determinations will
generally follow the standards for remission of indebtedness
as described in Section 11.G.5. of REF (G).
       (8) Unearned bonus calculations will be based on the Defense
Finance and Accounting Services accounting method described in
REF (C).
5. BONUS APPLICATION PROCEDURES:
    a. Applicant Responsibilities. Review the contents of this
ALCOAST prior to signing a Bonus Agreement.
        (1) Complete, sign, date, and forward the Bonus Agreement
to the designated command representative for review by 20 Jun 2021.
Commands will then endorse and send to COMDT (CG-LPD) for approval
and signature by 30 Jun 2021.
        (2) Keep a copy of the signed agreement for record purposes.
    b. Command Responsibilities. Designate a command representative
(Commanding Officer, SJA, HQ Office Chief). The command must:
        (1) Ensure eligible officers are aware of the bonus offering
submission deadline, eligibility window, payment authorization,
and the ADSC associated with accepting the bonus offer.
        (2) Submit signed agreements with email endorsement to
COMDT (CG-LPD) for final approval not later than 30 Jun 2021.
    c. Office of Legal Policy and Program Development (CG-LPD)
Program Manager Responsibilities.
        (1) Designate COMDT (CG-LPD) representative who will
counsel all bonus eligible officers within CGJAG. The initial
counseling session should be a one-on-one meeting between
each eligible officer and the designated representative that
outlines the needs of the Coast Guard, how a bonus fits into
the overall CGJAG community retention effort, and the officer’s
eligibility. COMDT (CG-LPD) must:
        (2) Ensure eligible officers are aware of the bonus offering
submission deadline, eligibility window, payment authorization,
and the ADSC associated with accepting the bonus offer.
        (3) Ensure each officer fully understands the implications
of the agreement and meets eligibility requirements.
        (4) Explain that any unearned portions of bonus will be
recouped on a pro-rata basis for all conditions listed in this
ALCOAST.
        (5) Explain that eligible officers with an approved date
of separation (DOS) must request withdrawal of the DOS prior
to or upon submission of their bonus application. Officers will
not receive bonus payments if the DOS withdrawal request is
disapproved.
        (6) Submit signed/endorsed agreements to the unit’s Servicing
Personnel Office (SPO), program manager and CG PSC-OPM-2 POCs
listed below not later than 15 Jul 2021.
    d. SPO Responsibilities to process the bonus agreement.
        (1) Ensure the Bonus Agreement has been properly completed.
        (2) Ensure the officer and their command sign, initial and
date the Bonus Agreement as appropriate. Incomplete forms cannot
be processed by PPC-MAS bonus payment.
        (3) Place a copy of the Bonus Agreement in the officer’s
PDR. Submit a copy to PPC-MAS via a PPC Customer Care Trouble
Ticket for processing within five (5) working days after receipt
of the agreement from the eligible officer’s command and after
any current obligated active duty service commitment is completed.
Submit a copy to PSC-OPM-2 and Program Manager POCs listed below.
    e. Eligible officers in TDY or PCS Status: There will be some
instances when eligible officers may not be available for bonus
counseling due to TDY or PCS. The length of the absence should
determine the action.
        (1) TDY: If the expected TDY length will prevent completion
of the agreement by 30 Jun 2021, then the designated command
representative should counsel the Service member by whatever
means available, and forward the Bonus Agreement and a copy
of this ALCOAST to the deployed supervisor of the officer so
he/she can document bonus acceptance/declination. The agreement
should be signed by the officer and witnessed by the deployed
supervisor and then returned to the permanent duty station for
further processing.
        (2) PCS: Departing commands should make every effort
to contact eligible CGJAG officers if they have not left the
immediate area and provide the necessary counseling. If the
officer has departed and was not counseled, notify the receiving
command of the departing command's recommendation for approval
or disapproval. The receiving designated command representative
will complete the counseling process and the receiving command
will normally approve or disapprove the Bonus Agreement based
on the previous command’s recommendation. The receiving command
assumes responsibilities as specified per Paragraph 5.b.
6. DISAPPROVING BONUS AGREEMENTS:
    a. Commands must disapprove Bonus Agreements for officers who:
        (1) Are awaiting a disposition from a disqualification
resulting from an Evaluation Board;
        (2) Are awaiting involuntary separation;
        (3) Are awaiting or undergoing investigation into military
or civilian offenses which could result in a documented record of
substantiated misconduct or substandard duty performance;
        (4) Have a documented record of substandard performance or
conduct which render them poor candidates for retention under the
terms of a Bonus Agreement;
        (5) Received a mark of three (3) on any OER metric or
lower and/or received less than a "Promote" rating on the
most recent OER;
        (6) Have a documented record of skills and/or officer
performance that makes them ineffective for rated duty;
        (7) Have an approved separation on file; or
        (8) Not in compliance with weight and body fat standards
IAW REF (E).
    b. Notification of disapprovals will be made to CG PSC-OPM
POC below.
    c. If any of the above listed conditions change before the
Bonus Agreement submission date in subparagraph 3.c. above, the
applicant may reapply for the bonus within the explicit time
limits of this ALCOAST.
7. TERMINATION AND SUSPENSION OF BONUS:
    a. The bonus payments must terminate when an officer:
        (1) Is dismissed or discharged for cause or loss of confidence;
        (2) Is separated from service as a result of a court-martial,
or is administratively separated;
        (3) Is relieved for cause;
        (4) Fails to maintain designation of CGJAG for the entirety
of the assignment.
        (5) Separates after declining selective continuation;
        (6) Voluntarily retires or separates before finishing
the ADSC;
        (7) Separates after being passed over for promotion
or selected by a reduction in force (RIF) board; or
        (8) Fails to maintain weight and body fat standards
IAW REF (E).
    b. Suspend bonus payments when an officer under a Bonus
Agreement:
        (1) Is suspended from CGJAG service;
        (2) Is the subject of an investigation; or
        (3) Is medically disqualified for continued service.
8. QUESTIONS/RESOURCES:
    a. Questions from individual officers concerning the
execution of this policy should be addressed to COMDT (CG-LPD).
    b. Questions from designated command representatives for
policies regarding bonuses or other human resource management
matters may be directed to the Office of Military Personnel
and Policy (CG-133) at: HQS-PolicyandStandards@uscg.mil.
    c. Questions regarding the CGJAG program should be addressed
to CDR Shanell M. King at: Shanell.M.King@uscg.mil.
    d. Questions regarding the assignment process should be
directed to OPM-2; CDR Sarah Brennan at: Sarah.E.Brennan1@uscg.mil.
9. Dr. D. M. Navarro, Acting Assistant Commandant for Human Resources
(CG-1), sends.
10. Internet release is authorized.