CIVILIAN ATTORNEY LICENSING FEE REIMBURSEMENT POLICY AND PROCESS

 

             a. References.

                        (1) Title 5, United States Code, Section 5757.

                        (2) DoD Instruction 1400.25-V410, DoD Civilian Personnel Management System: Training, Education, and Professional Development, 25 September 2013.

                        (3) AR 350-1, Army Training and Leader Development

                        (4) Memorandum, Administrative Assistant to the Secretary of the Army, Subject:  Delegation of Authority to Approve Payment of Professional Credentials, 28 August 2003.

                        (5) Memorandum, The Judge Advocate General, Subject: Civilian Attorney Licensure Fee Reimbursement Approval for FY24, 9 September 2023.
 

            b. Authorization.

(1) The reimbursement of expenses incurred to maintain professional licenses (bar dues) for civilian attorneys in the JALS is authorized pursuant to statutory authority, Department of Defense (DoD) and Department of the Army (DA) guidance, and the conditions listed below. This program is not an entitlement, but a discretionary tool to enhance job performance, recruitment, and retention of JALS civilian attorneys. Requesting or receiving reimbursement under this program does not relieve the attorney’s obligation to meet all applicable licensing authority timelines to remain in good standing.

(2) Each fiscal year, TJAG or a delegee will issue an authorization allowing eligible attorneys to request reimbursement of qualified license expenses incurred during the fiscal year. Retroactive approval (e.g. prior fiscal years) is not authorized.   

(3) In accordance with reference 12-5(a)(4), TJAG has delegated authority to pay licensing fees to the Director, Civilian Personnel, Labor and Employment Law, OTJAG.  This authority may be further delegated for the efficient and effective implementation of the program.

                             (4) Licensing fees will be centrally reimbursed using OTJAG funds, subject to availability.

                             (5) This policy does not replace existing command licensing fee reimbursement programs.
 

            b. Policy.

                        (1) Eligibility.  All full-time appropriated fund civilian attorneys in occupation series 0905 or 1222 under TJAG’s qualifying authority and in good standing in accordance with AR 27-1, to include those appointed in a permanent, term or temporary status, and executive level (SES, SL, and Defense Intelligence Senior Leader) attorneys under direct JALS supervision, are eligible for reimbursement subject to the conditions below. This authority may not be exercised for any position that is excepted from the competitive service because of the confidential, policy-determining, policy-making, or policy-advocating character of the position (e.g., Schedule C and non-career SES).

                        (2) Qualifying Expenses. On a fiscal year basis and funding permitting, OTJAG may reimburse the cost of one licensing fee in one attorney licensing jurisdiction where the civilian attorney is currently licensed. Attorneys licensed in multiple jurisdictions may claim reimbursement only for the lowest cost jurisdiction. Those attorneys receiving licensing fee reimbursement from another federal entity (e.g., local command) or where license fees are waived by the licensing jurisdiction are ineligible for reimbursement through this program.  Reimbursement is limited to those licensing fees mandatory to remain in good standing with the licensing jurisdiction.  Any voluntary professional legal association, society or bar section fees, convenience processing fees, continuing legal education (CLE) fees, payments in lieu of CLE fees, late fees, travel expenses, bar donations, or any other fee or expense not required to remain in good standing are not reimbursable expenses.   
 

            c. Procedures.                    

                        (1) After incurring qualifying license fee expenses, an eligible civilian attorney may file a claim for reimbursement by submitting proof of payment and a completed and signed OF-1164, Claim for Reimbursement for Expenditures on Official Business, to the OTJAG civilian bar dues reimbursement program manager. The program manager is delegated authority to be the Approving Official for purposes of bar dues reimbursement claims.

                        (2) The OF-1164 claim form will be completed and signed; specifically, Section 1, Section 4 a-d (including personal mailing address); Section 6 a, c-d, and i; Section 7 (including the total qualifying expenses claimed for reimbursement) and Section 10 (sign/date by the claimant).  

                        (3) Acceptable forms of proof of payment include a valid receipt, paid invoice, and/or email from the licensing jurisdiction. Proof of payment documents must show the jurisdiction name (i.e., state or territory bar association), amount paid, date of payment, and claimant’s name.

                        (4) Claims and proof of payment will be submitted by email to the program manager.  The email will include the attorney’s full name, duty title, duty location, contact duty phone number, licensing jurisdiction, and Vendor ID (VID). If the VID is unknown, a claimant will provide the full SSN for DFAS processing.

The current civilian licensing reimbursement program manager is Mr. Corey Bradley, corey.l.bradley2.civ@army.mil.