Office of Staff Judge Advocate

Legal Offices at MCAS Iwakuni

The Office of Staff Judge Advocate (OSJA) provides legal advice to the commanding officers on a variety of topics including but not limited to military justice, foreign criminal jurisdiction, claims on-base businesses, and the Freedom of Information Act (FOIA) and more.  

The Law Center, previously known as the Legal Services Support Team (LSST), located in Building 1192, provides legal assistance services to individuals regarding criminal defense (service members), estate planning, family law, powers-of-attorney, consumer law issues, passports, immigration, and other types of civil law matters.

The Victims' Legal Counsel(VLC), located in Building 1192,provides legal advice to victims of crimes.

The Iwakuni Counsel Office (ICO), Located in Building 1, provides legal advice to the commanding officers on topics such as ethics, fiscal law issues, contracting law, environmental law, and international agreements.

Functions of OSJA

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, please call DSN 253-5593.

Foreign Criminal Jurisdiction:  This section of the OSJA coordinates and processes all Japanese criminal jurisdiction cases involving Status of Forces Agreement (SOFA) members that come under the cognizance of MCAS Iwakuni.  In this capacity, this section coordinates with the Japanese judicial authorities, courts and the attorneys, to provide support to SOFA members and their Commands in a variety of issues such as arranging condolence visits in order to properly resolve all criminal and civil issues implicating the SOFA members.  For more information, call DSN 253-5593 /3570 or send an email to IWKN_SMB_SJA@usmc.mil.

Claims Section:  This section of the OSJA coordinates with the Japanese government organizations and other entities to provide support for the claims to file SOFA Claims, Government claims, Medical Cost Reimbursement Claims, Military claims, and insurance claims.  The Claims Section also provides translation and other support in a variety of civil issues involving SOFA members.

Installation Law:  This section of the OSJA 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.

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