Department of Defense INSTRUCTION NUMBER 1340.15 September 28, 1982 ASD(MRA&L) SUBJECT: Officer Engineering and Scientific Career Continuation Pay References: (a) Public Law 97-60, "Uniformed Services Pay Act of 1981," Section 120 (b) Section 315 of title 37, United States Code (c) Title 11, United States Code 1. PURPOSE This Instruction establishes DoD policy, assigns responsibilities, and provides procedures for the award and administration of a continuation pay for engineering and scientific officers of the U.S. Armed Forces, consistent with references (a) and (b). 2. APPLICABILITY This Instruction applies to the Office of the Secretary of Defense and the Military Departments. It also applies to the U.S. Coast Guard by agreement with the Department of Transportation. The terms "Armed Forces" and "Uniformed Services," as used herein, refer to the Army, Navy, Air Force, Marine Corps, and Coast Guard. 3. DEFINITIONS The terms used in this Instruction are defined in enclosure 1. 4. POLICY Under reference (a), the Congress has authorized the Secretary of Defense to pay continuation pay, or a bonus, to officers performing duty involving critical engineering or scientific skills in which there are critical shortages in the Armed Forces concerned. In authorizing this continuation pay, the Congress aims to improve retention of scientific and engineering officers with between 3 and 14 years of service. The Secretary of the Military Department concerned and the Secretary of Transportation (hereafter referred to as "the Secretary concerned") shall determine the annual needs to pay engineering and scientific career continuation pay (ESCCP). 5. PROCEDURES The following procedures shall be followed regarding ESCCP awards. 5.1. Eligibility. To be eligible for ESCCP award an officer must: 5.1.1. Be entitled to basic pay. 5.1.2. Not be receiving any other accession or career continuation bonus. 5.1.3. Be below pay grade of O-7. 5.1.4. Hold a degree in engineering or science from an accredited college or university. 5.1.5. Have been certified by the Secretary concerned as being technically qualified for detail to engineering or scientific duty. 5.1.6. Have completed at beast 3 years but less than 14 years of engineering or scientific duty as a commissioned officer.1 5.1.7. Be serving in or selected for assignment to a critical engineering or scientific military specialty requiring an engineering or scientific degree and in one of the Armed Forces that has a critical shortage. (Officers attending courses of professional military education or advanced training or education related to their specialty are considered to be serving in engineering or scientific duty.) 5.1.8. Execute a written agreement to remain on active duty for detail to engineering or scientific duty for at least 1 year but not more than 4 years. 1. After completion of 3 years active service, obligation because of ESCCP payment shall run concurrently with any other obligations. 5.2. Criteria for Award of ESCCP. Determination of an ESCCP award is based on specific engineering and scientific degrees in the various specialties of the Armed Forces. Depending on the classification and military specialty structure of each of the Armed Forces, there are engineering and scientific degrees, such as electrical engineering, that are required in military specialties, such as development engineering, acquisition program management, and data processing. Other degrees, such as meteorology, are used in only one military specialty; that is, weather forecasting. The award of ESCCP is made to officers with specific academic degrees that are required in one or more military specialties, rather than to a military specialty that may require officers with different specific degrees. The following criteria shall be used for evaluating the award of ESCCP: 5.2.1. A current or projected critical shortage exists for those officers who have served between 3 and 14 years, and who possess skills determined to be critical by the Secretary concerned. 5.2.2. Payment of ESCCP is expected to improve retention. 5.2.3. Officers with other academic degrees cannot be substituted. 5.2.4. The shortage is expected to persist for 2 or more years. 5.2.5. The supply of new officers by academic degree shall not sustain career force requirements for that degree. 5.2.6. There is great demand for officers with the specific academic degree in the civilian sector. 5.3. Amount and Method of Payment 5.3.1. ESCCP may be paid in either lump sum or yearly installments, as determined by the Secretary concerned. 5.3.2. The highest amount payable is $3000 multiplied by the number of years of obligated service, or monthly fraction thereof, for which the officer agrees to remain on active duty. 5.4. Termination and Recoupment 5.4.1. Except for officers not qualified because of death, injury, illness, or other impairment incurred in line of duty and not the result of their own misconduct, entitlement to the full amount of the continuation pay is contingent on maintaining the technical qualification required for performance of engineering or scientific duty. 5.4.2. Except for termination of active duty because of disability incurred in line of duty, or for termination of military service under provisions of laws, or under provisions of Military Service or DoD policies, officers who do not remain on active duty for the entire period for which paid shall refund that part of the payment equal to the percentage of service not performed of the total provided for in the agreement. 5.4.3. The Secretary concerned may waive, in whole or in part, the refund if the Secretary determines that refund would be against equity or good conscience or would not be in the best interests of the United States. 5.4.5. A discharge in bankruptcy under 11 U.S.C. (reference (c)) does not relieve an officer from the refund provisions. 5.4.6. An officer may not repay voluntarily an amount equal to the percentage of the unserved time on the agreement solely to reduce the period of obligated service provided for in the agreement. 6. RESPONSIBILITIES 6.1. The Assistant Secretary of Defense (Manpower, Reserve Affairs, and Logistics) (ASD(MRA&L)) shall: 6.1.1. Provide overall policy guidance regarding the ESCCP program. 6.1.2. Review and evaluate the ESCCP programs of the Armed Forces. 6.1.3. Consider requests for changes or exceptions to criteria in this Instruction and approve, as appropriate. 6.2. The Secretaries of the Military Departments and the Secretary of Transportation shall: 6.2.1. Designate academic degrees that support specified military specialties for award of ESCCP. 6.2.2. Submit proposed internal plans for administering and implementing the continuation bonus program for review and approval by the ASD(MRA&L). As a minimum, the proposed plan will include the following: 6.2.2.1. The specific engineering community or subcommunity targeted to receive the bonus payments. 6.2.2.2. The criteria used in designating an engineering specialty as critical. 6.2.2.3. The existing shortage of engineering officers within this community (expressed as a percentage of authorized manning level). 6.2.2.4. The anticipated impact of the bonus payments. 6.2.3. Issue approved implementing instructions for certification of eligibility, execution of written agreement, award of ESCCP, use of recipients, termination, and recoupment. 6.2.4. When determined necessary to pay ESCCP, submit requirements annually in the Program Objective Memorandum (POM) to the ASD(MRA&L) by academic degree and military specialty for the next 2 fiscal years with budget data. (The U.S. Coast Guard shall submit these requirements through the Secretary of Transportation to the Office of Management and Budget.) 6.2.5. Recommend to the ASD(MRA&L) changes in the criteria for award of ESCCP. 6.2.6. Conduct appropriate publicity campaigns so that engineering and scientific officers are aware of the purpose and availability of this special pay and the individual eligibility criteria for award. 7. EFFECTIVE DATE AND IMPLEMENTATION This Instruction is effective immediately. Forward two copies of implementing documents to the Assistant Secretary of Defense (Manpower, Reserve Affairs, and Logistics) within 120 days. Enclosures - 1 E1. Definitions E1. ENCLOSURE 1 DEFINITIONS E1.1.1. Accredited College or University. A college or university that is designated as having met minimum standards established by a nationally recognized regional accrediting agency. E1.1.2. Critical Shortage. The number of officers with critical engineering and scientific skills in one of the Armed Forces is less than 90 percent of the authorized military officer billets requiring those skills, and the shortage severely impairs accomplishment of the technical mission. E1.1.2.1. The resource of officers is in grade O-6 and below. E1.1.2.2. The officers are available for detail to engineering or scientific duty. E1.1.2.3. The shortage of officers is reflected by grade or years of service, or both. E1.1.2.4. The shortage is in two or more adjacent year groups that are beyond the initial terms of service for those officers. E1.1.3. Critical Skill. An engineering or scientific degree and the ability to perform a task that is essential for the organization to accomplish its technical mission. For ESCCP, the ability to perform engineering or scientific duties. E1.1.4. Engineering or Scientific Duty. Service performed by an officer in a specialty that, at a minimum, requires a baccalaureate degree in an academic discipline approved by the Secretary concerned. It includes, but is not limited to, research and development, program management, operations research and analysis, teaching, and command. E1.1.5. Military Specialty. Any occupational code, classification, grouping, or designation specified by the Armed Forces that identifies the qualifications needed to perform duty. For engineering or scientific duty, some or all of the officers in the military specialty require specific engineering or scientific degrees.