Staff Judge Advocate

Legal Services

There are a number of legal offices at MCAS Iwakuni. Most of these offices are co-located in Building 608 with the Provost Marshal's Office, and include the Staff Judge Advocate and a Law Center. In general, the Staff Judge Advocate provides advice to the commanding officer regarding ethics, military justice, and installation legal matters involving foreign jurisdiction, on-base businesses, and the Freedom of Information Act (FOIA). The LSST primarily provides legal assistance services to individuals regarding estate planning, family law, powers-of-attorney, consumer law issues, passports, immigration, and other types of civil law matters. There is also a Victims' Legal Counsel located in Building 1192 who provides representation to victims of various crimes. A Pacific Area Counsel is currently located in Building 360.

Staff Judge Advocate

Command Legal Advice:  The Staff Judge Advocate provides timely and accurate advice to the command on military justice, ethics, foreign jurisdiction, and installation legal matters. For assistance, call DSN 253-5593.

Foreign Jurisdiction:  This section of the SJA coordinates and processes all Japanese jurisdiction cases involving Status of Forces Agreement (SOFA) members that come under the cognizance of MCAS Iwakuni. In this capacity, this section coordinates with Japanese attorneys, police, and provides counsel to SOFA members and arranges condolence visits in order to properly resolve all criminal and civil issues implicating Japanese law. The Japanese Jurisdiction Office’s Claims Section processes foreign claims, military claims, personal claims, hospital recovery claims, and government claims. All compensation requests are processed in coordination with Japanese and U.S. agencies and governing law. For more information, call DSN 253-5593 / 7226 or send an email to IWKN_SMB_SJA_SJJ@usmc.mil .

Installation Law:  This section of the SJA provides legal advice to the commanding officer and his staff regarding any foreign legal issue impacting MCAS Iwakuni. Installation law also includes guidance to individuals concerning the policies and regulations of MCAS Iwakuni. Common issues that the Installation Law Section addresses are: Ethics for Federal employees, FOIA and the Privacy Act, on-base commercial activities, private organizations, community relations activities, fundraisers and jurisdictional issues. Individuals seeking to start an on-base business, a private organization, or conduct a fundraiser should contact the Installation Law Section. For more information, call DSN 253-5593.

Forms

Japanese Jurisdiction

• Claim for Damage, Injury, or Death (SF-95)

• Claim Checklist

• Claim for Loss of/or Damage (DD 1842)

• DD Form 1842 Instructions

• List of Property and Claims Analysis Chart (DD 1844)

• DD Form 1844 Instructions

Installation Law

• FOIA/PRIVACY ACT REQUEST PROCESS

• IIIMEF/MCIPAC MCBBO 5300.3 Commercial Activities and Private Employment

• IIIMEF/MCIPAC-MCBBO 5300.3 Application Form

• On Off Base Business Checklist and Authorization Form

Fundraiser/Special Function Process

• Special Events/Fundraising Requests

Home Service Registration

• Registration of NON-SOFA Home Service Personnel

SOFA Information

SOFA status is not something that is granted or denied.  It is based on belonging to one of the following categories:

• active duty service members in Japan, regardless of purpose or length of stay
• U.S. civilians who are in the employ of, serving with, or accompanying the military in Japan
• “dependents” of categories (a) and (b):
  • spouse (same-sex or opposite-sex spouse)
  • children, step-children, and adopted children under 21
  • children, step-children, and adopted children over 21 (i.e., no maximum age) if dependent on the sponsor for over half their support
  • parents and parent-in-law if dependent on the sponsor for over half their support and not ordinarily resident in Japan

Persons NOT qualifying for SOFA status:

• retirees unless they fall into either category (a), (b), or (c) above
• legal wards and foster children even if court-appointed
• parents or parents-in-law if ordinarily resident in Japan
• grandparents, regardless of support
• grandchildren, regardless of support
• family members of Art. XIV contractors
• non-DoD federal employees
• members of foreign armed forces
• resident of Japan, except dependent(s)

“dependent” for purposes of the SOFA is different than “dependent” for purposes of DoD regulations:

• being a SOFA “dependent” does not require that the person be “command sponsored”
• being a SOFA “dependent” does not require that the person have an “area clearance”
• being a SOFA “dependent” does not require DEERS eligibility

SOFA status gives an individual:

• visa exemption
• criminal jurisdiction procedures IAW Article XVII of the SOFA

SOFA status, by itself, does not entitle an individual to:

• USFJ driver's license (Contact PMO's Pass and Registration)
• USFJ vehicle registration (Contact PMO's Pass and Registration)
• base access or use of base facilities
• exchange, commissary, or other similar benefits
• TRICARE enrollment
• DoD ID card
• military family housing
• OHA
• COLA
• funded travel

REFERENCES:

• Status of Forces Agreement
• USFJ Policy Letter 4-3
• USFJ Instruction 31-203
• USFJ Instruction 31-205
• USFJ Instruction 64-100