Get Ready for the Mass Exodus of “Invited Contractors”

A source was good enough to provide a copy of the orders issued to the US Military personnel stationed in Okinawa. In addition, these orders are also in effect for non military:specifically “Invited contractors”. Subject to loss of job and forcibly ejected from the country of Japan at the contractors own expense. Read on!!

PTTUZYUW RHSSXYZ0001 0510558-UUUU–RHSSSUU.

ZNR UUUUUP 200545Z FEB 08

FM COMNAVFORJAPAN YOKOSUKA JA(UC)

TO NAVFORJAPANAL NAVFORJAPAN

INFO COMSEVENTHFLTCOMNAVFORJAPAN YOKOSUKA JACOMPACFLT PEARL HARBOR HIZEN/COMUSJAPAN YOKOTA ABZEN/COMMARCORBASESJAPAN CP BUTLER JPBT

UNCLASUNCLASMSGID/GENADMIN/COMNAVFORJAPAN//SUBJ/PERIOD OF REFLECTION FOR US NAVY PERSONNEL// REF/A/MSG/COMUSJAPAN/191024Z FEB 08// REF/B/MSG/COMMARCORBASESJAPAN/191238Z FEB 08// AMPN/REF A IS USFJ GUIDANCE FOR FRIDAY 22 FEB JAPAN-WIDE DIRECTED DAY OF REFLECTION AND STAND DOWN. REF B IS COMMARCORBASEJAPAN PERIOD OF REFLECTION.// RMKS/1. TAKE REF A FORAC APPLICABLE TO ALL USN FORCES IN JAPAN. THE BELOW MESSAGE, REF B, IS APPLICABLE TO U.S. NAVY PERSONNEL WITH THE FOLLOWING CLARIFICATIONS.

A. REF B APPLIES TO ALL U.S. NAVY PERSONNEL, INCLUDING DOD CIVILIANS, DOD INVITED CONTRACTORS, AND THEIR RESPECTIVE FAMILY MEMBERS WHO ARE STATIONED, TEMPORARILY ASSIGNED, TRANSITING THROUGH OR ON LEAVE IN OKINAWA, CAMP FUJI, OR IWAKUNI. THIS IS A LAWFUL GENERAL ORDER AND AS SUCH VIOLATION OF THIS ORDER BY U.S. NAVY PERSONNEL MAY RESULT IN PUNISHMENT UNDER THE UNIFORM CODE OF MILITARY JUSTICE. FAILURE TO COMPLY BY DOD CIVILIANS, DOD INVITED CONTRACTORS AND THEIR RESPECTIVE FAMILY MEMBERS COULD RESULT IN THE APPLICATION OF THE FULL RANGE OF ADMINISTRATIVE SANCTIONS UP TO AND INCLUDING LOSS OF COMMAND SPONSORSHIP AND DEBARMENT.B. FOR U.S. NAVY PERSONNEL, INCLUDING DOD CIVILIANS, DOD INVITED CONTRACTORS, AND THEIR RESPECTIVE FAMILY MEMBERS, THE PERIOD OF REFLECTION WILL REMAIN IN EFFECT UNTIL 25 FEBRUARY 2008 AT WHICH TIME IT WILL BE REVIEWED TO DETERMINE THE NEED FOR FURTHER APPLICATION. RADM KELLY SENDS.

QUOTE

P 191238Z FEB 08

FM COMMARCORBASESJAPAN CP BUTLER JP

TO CG III MEFCG MCB CAMP BUTLER JPCG 1ST MAWCG 3RD MARDIVNAVHOSP OKINAWA JACPCOM CAMP GONSALVES JP31ST MEUMCAS FUTENMA JPCPCOM CAMP KINSER JPCPCOM CAMP SCHWAB JPCPCOM CAMP FOSTER JPCPCOM CAMP COURTNEY JPCG 3D MLGHQSVCBN BUTLER JPMCAS IWAKUNI JPCOMFLEACT OKINAWA JAHQBN CAMP FUJI JPCPCOM CAMP HANSEN JP

INFO COMMARCORBASESJAPAN CP BUTLER JPCG MCB CAMP BUTLER JP G-2MSGID/GENADMIN/OKINAWA AREA COORDINATOR// SUBJ/PERIOD OF REFLECTION//

POC/FRANKLIN, M.R./COL/CHIEF, OAFO/-/TEL: DSN 645-7406/ WRIGHT, J.C./COL/COMMAND INSPECTOR GENERAL, MCBJ/DSN: 645-1224/CELL: 090-6861 -5052//RMKS/1. THIS IS AN OKINAWA BASED U.S. ARMY, U.S. MARINE CORPS, AND U.S. AIR FORCE COORDINATED MESSAGE.2. SITUATION: TO ENSURE ALL STATUS OF FORCES AGREEMENT (SOFA) STATUS PERSONNEL UNDERSTAND THEIR ROLES AS AMBASSADORS OF THE UNITED STATES IN JAPAN. AS THE OKINAWA AREA COORDINATOR, I AM DIRECTING ALL SOFA STATUS PERSONNEL TO OBSERVE A PERIOD OF REFLECTION, LIMITING OFF -BASE ACTIVITIES OF A PERSONAL AND RECREATIONAL NATURE.3. MISSION: EFFECTIVE 0730, 20 FEB 2008, ALL SOFA STATUS PERSONNEL PERMANENTLY OR TEMPORARILY ASSIGNED TO OKINAWA, CAMP FUJI, AND IWAKUNI, JAPAN, OR WHO ARE TRANSITING THROUGH THESE LOCATIONS IN A TAD/TDY/LEAVE STATUS, WILL OBSERVE A PERIOD OF REFLECTION UNTIL FURTHER NOTICE.4. COMMANDER*S INTENT: MY INTENTION IS TO UTILIZE THE TIME WITHIN THIS PERIOD OF REFLECTION TO REVIEW ALL APPROPRIATE PLANS, PROCEDURES, ORDERS AND REGULATIONS GOVERNING THE CONDUCT OF ALL SOFA STATUS PERSONNEL SERVING IN OKINAWA, CAMP FUJI, AND IWAKUNI, JAPAN. RECENT HIGHLY REPORTED INCIDENTS INVOLVING U.S. SERVICE PERSONNEL SERVING IN JAPAN WARRANT MEASURES BE TAKEN UNTIL SUCH TIME AS TO BRING AN INCREMENTAL RETURN TO A MORE NORMAL STATE OF AFFAIRS. I NEED LEADERS AT ALL ECHELONS IN ALL SERVICES TO HELP REINFORCE WHAT THE VAST MAJORITY DO WELL AS FORWARD SERVING AMBASSADORS OF AMERICA, WHILE WE COLLECTIVELY POLICE OUR RANKS TO IDENTIFY THOSE FEW INDIVIDUALS WHO WOULD DESTROY OUR GOOD STANDING AND REPUTATION WITH THE JAPANESE PEOPLE. I FULLY INTEND TO DEMONSTRATE OUR COMMITMENT TO EXEMPLARY COMMUNITY RELATIONS THAT APPROPRIATELY CAPTURE THE PROFESSIONALISM AND GOOD WILL OF THE AMERICAN PEOPLE. THANK YOU FOR YOUR UNDERSTANDING AND PATIENCE DURING THESE DIFFICULT TIMES. YOUR OVERWHELMINGLY SUPERB BEHAVIOR AND EXEMPLARY CONDUCT IS NOT LOST ON ANY OF YOUR LEADERS WHO REMAIN INTENSELY PROUD OF YOUR SERVICE AND PATRIOTISM. THANK YOU FOR ALL YOU DO AND FOR BEING WHO YOU ARE.4.A. CONCEPT OF OPERATIONS: ALL SOFA STATUS PERSONNEL MOVEMENTS ARE LIMITED TO THE FOLLOWING:

PLACE OF DUTY

PLACE OF EMPLOYMENT

PLACE OF WORSHIP

PLACE OF EDUCATION

PLACE OF MEDICAL, DENTAL, VETERINARY TREATMENT AIRPORTS (FOR THE PURPOSE OF PICKING UP OR DROPPING OFF PASSENGERS OR FOR AUTHORIZEDTRAVEL)

ALL ON-BASE FACILITIES TO TRANSIT BETWEEN ONE*S AUTHORIZED RESIDENCE, INCLUDING OFF-BASE HOUSING, AND ANY DEPARTMENT OF DEFENSE (DOD) INSTALLATION VIA PRIVATELY OWNED VEHICLES, MILITARY SUPPORTED TRANSPORTATION, AND COMMERCIAL TAXI.CURRENTLY SCHEDULED COMMUNITY RELATIONS PROJECTS 4

.B. COORDINATING INSTRUCTIONS:EXCEPTIONS TO THIS POLICY ARE DELEGATED TO THE O-6 LEVEL COMMANDERS TO APPROVE PRE-EXISTING AND PRE-REGISTERED OBLIGATIONS OR SPECIAL EVENTS ON A CASE-BY-CASE BASIS.5. ADMINISTRATION AND LOGISTICS: COMMANDERS ARE REQUIRED TO DISSEMINATE THIS MESSAGE TO ALL SOFA STATUS PERSONNEL. POC ARE COLONELS MARK R. FRANKLIN/CHIEF, OAFO/DSN: 645-7406 AND JOHN C. WRIGHT/COMMAND INSPECTOR GENERAL,MCBJ/DSN: 645-1224/CELL: 090-6861 -5052.6. COMMAND AND SIGNAL: *SOFA STATUS PERSONNEL* INCLUDES ALL UNITED STATES ARMED FORCES PERSONNEL, DOD CIVILIANS, DOD INVITED CONTRACTORS, AND THEIR RESPECTIVE FAMILY MEMBERS.6.A. THIS IS A PUNITIVE ORDER AND AS SUCH VIOLATION OF THIS ORDER BY ARMED FORCES PERSONNEL CAN RESULT IN PUNISHMENT UNDER THE UNIFORM CODE OF MILITARY JUSTICE. ALL OTHER SOFA STATUS PERSONNEL INCLUDING FAMILY MEMBERS ARE REMINDED THEY ARE SUBJECT TO THE FULL RANGE OF ADMINISTRATIVE SANCTIONS INCLUDING LOSS OF COMMAND SPONSORSHIP AND DEBARMENT.

LTGEN ZILMER SENDS.//END QUOTE.//BT#0001NNNN

The top half is from Rear Admiral James Kelly, basically reiterating what LT GEN Zilmer actually put out as a general punitive order. And as you can see this new “extreme” order was intending to restrict civilians as well.Meaning Civilian employees of the DoD, their families, and Civilian employees of US coporations under contract to perform services in Japan for the DoD. Debarment is a veiled threat to civilians who obviously do not fall under military jurisdiction. The threat of removal of SOFA status from the contractor and DoD civilains and their families. What that means for those reading this who are not in the “know” it means, if you don’t do as the General says, you will lose your job and be sent back to the US unemployed. In Japan, your work-visa is tied to your SOFA status. SOFA status in Japan for US citizens in the military, and civilians who either work directly for the DoD or work for US Corporations under contract to provide technical support to the military overseas.

Note: No Contracting company under contract with the DoD in Japan holds a contract with any article or phrase or contain words stating that they and their employees will comply with any and all commands, orders and instructions issued by the US Military. No one has signed away their civil rights. Only during a national crisis would said orders be legal. The contractors/civilians are not in a war zone nor are they in a terrorist threat environment. This called BLACKMAIL. Either the Contracting companies’ employees will comply with what ever rules the military commanders issue or civilian contractor’s ability to stay in Japan (and therefore their job) will be jepordized.

It is as though your employer (Boss) decides that he/she wants to curb any possiblity of you (the employee) from comitting a crime or generally embarassing the company while not on the job. The Boss says, “I want you to stay at home when not at work, or shop where I tell you to shop. Your off time is determined by me”. And to enforce this the employer holds your job over head and threatens to fire you for non-compliance. In effect, thats what the US Military is doing in Okinawa. Because if you don’t agree with the order and frankly find it offensive to your civil liberties and then try to ignore or disobey the order, you’ll have your SOFA status removed in the form of “Debarment”. Well without SOFA your fired. Since SOFA is required by the Military in order to be employed as a contractor for the US Military in Japan. Welcome to cilivian tax payer funded federally owned military bases where the Constitution does not apply and everybody without being duly enlisted in the military fall under the UCMJ-Uniform Code of Miltiary Justice.

Grounded! Because I said so.

I can remember my Dad saying that to me as a kid!

Today, the US military in Okinawa has grounded via a curfew all service members to their on or off-base homes, and restricts their movement only in transit to and from the various bases there on island. No off base stops along the way. So they can’t go shopping out in town nor spend their money at the literally thousands of businesses that 100% depend on them for their survival. According to Kyodo News reports, the curfew also includes relatives (we call them dependents) and non-military staff. Well what does that mean? We know they don’t mean MLC’s and they can’t mean Japanese citizen’s spouses or not, because we know the US military has no authority over Japanese citizens. So could it mean civilian contractors and civil service GS? I am going to guess they mean yes. Everybody!

Well given the circumstances and the delicate ballet of politics that is occurring there, I would say that in my case, I’d take the hit and voluntarily comply in support of this curfew to help the US Military CO’s down there get a handle on this and help it blow over. After all it is the local populace that is blowing all this out of proportion with the national government adding salt to old wounds from 1995. Remember, all the military can survive just fine without local services. The US personnel down there can do all their shopping on base, cart it all home, lock the doors and wait it out. But can the local business community survive? I think this is more than a simple show compliance with the Japanese Gov to do something. It is a way of showing the local prefecture officials that they can’t use the US military as their whipping boy to get them elected. This curfew in an effect is a boycott that stems the flow of US currency to Yen to the local cash coffers. It will in a small way give them a taste of what things will be like minus the bases there. Add that to the future unemployment of thousands of MLC flooding the unemployment ranks. Oh but some think that Prince hotels, Hilton, Sheraton, and JTB will swoop in to fill the gap because of the pending tourist BOOM that is expected by the ill-believed or conceived notion that Okinawa is a Japanese Hawaii. Ahhh no, sorry! That would be Guam.

It’s a really sad thing what happened to that little girl. Its also sad that her parents didn’t pay more attention to what a 14 year old is doing in the red light with district GoGo bars and strip clubs and a lovely place called Whisper Alley. That is not my idea of a adolescent playground. It’s even sadder that like all politicians, they use this incident as a campaign platform and the public lets them. But even with all this hoopla in the end, nothing will change. Little girls will still be hanging out with adult males in a seedy part of town called Okinawa City and Naha. Yea, we had a problem with dependent kids showing up in off base clubs in Yokosuka, but security and the kids parents put a final and complete stop to that. Maybe the parents and the police in Okinawa need to do the same. A little parenting and civic responsibility on the part of the adults down there is needed.

So I say lets turn up the screws on the locals, by running massive AFEES/NEX sales on base. Kick in the MWR and have a Boycott beer bust in all the clubs on base for the hard working men and women in uniform. Shoot, lets even get Springsteen over to Kadena and have a America Appreciation day by turning all his band’s amplifiers to 10+ (11) BLARRING Born in the U.S.A.

What’s in a contract anyway

Anyone been asked to clean a toilet at work? Lord! Just asking. I know it’s an extreme case. But back in the US a contract employer has clear and defined roles for its employees and the client understands this or puts it on the agenda at contract negotiation time. But in the Far East, a contract seems to be far more flexible than that. At least from the US civilian stand point. Don’t get me wrong. Master Labor Contract workers MLCs are under a similar contract with the military, but it seems that the Japanese government is a little better at holding the Navy and the US military to the letter of the law in reference to what can be asked of a MLC. But recruit a US citizen over to Japan and once they arrive they find that though their employer has not misled them, it seems that the Navy has. Maybe it’s because they (the client) is allowed to get away with it for lack of accountability being applied to them. But it seems that whatever the Navy asks of its US contractor is pretty much assumed to be implied in the current contract in what is defined as their purview. Bill and Steve maybe asked to help move large cabinets, or mop and wax a floor in the work place all depending on what mood the GS is in or how cheeky they feel. All the while forgetting that the civilians are not covered by any program of self-insurance the military has in place to cover its service-members. What if Bill slips and falls and that heavy cabinet he was asked to move crashes on him. Good thing there’s a military hospital down the street with Emergency surgical care. But who pays the cost? His group insurer? The Military? The Civilian Employer? Or lastly the GS who asked for the job to be done without prior permission or authority granted from their employer the US Military. Sure some are reading this and say. The military isn’t going to pay. HUH? We are contractors (civilians) not unformed military. Yes, we can and do sue every day. The Military branch involved will investigate and pay really quick to head off that bad publicity and scandal. Commanding Officers get relieved around the world for far less. But do they know? Maybe not! Do they know of the liabilities created under their command without their prior knowledge? Most probably not! But when that CO doesn’t have more than 20-30 military and over 100 civilians in their command or unit.  And when the CO is told that 10 offices with over 4000 pounds of furniture was being moved from one building to another,  do you think they ask at the meeting, who is providing the labor? Or what’s our liability on this? And what happened if the 100 or so civilians refuse to be the mules for this adventure? Who will hold the military and the contracting company accountable if dismissals take place?

     It’s like speeding to work each day. You do it because well, you’ve been getting away with it all these months and who cares? The police don’t! You don’t see them out there stopping you. So you keep doing it knowing it’s dangerous and somebody might get hurt SOMEDAY. Then one day SOMEDAY comes and you or someone else gets hurt! Why? Because you couldn’t plan ahead and provide yourself enough time to get to work.

It’s the same thing here. For lack of planning and budgeting someone will get hurt performing a task that they are not properly equipped, trained and or authorized to do. Someone, God forbid will get hurt (statistically) because there simply isn’t enough military at each command or unit to perform all these tasks. So some contractor for fear of dismissal will jump in and help and then slip and fall, maybe have something fall on them. And the boom will come down on all those in management who let it happen. Yes, the military will pay for lack of planning as they do in prosecuting their wars. Yes, they will pay for some poor slubs broken leg, pain and suffering all because the same poor slub wanted to show that he was part of the team.

ITcontracting

Diminishing Role of the Khaki

We had a new arrival at work the other day. A new Chief checking on board. I noticed that he really had a bewildered look on his face. Maybe, I thought, he’s never worked in a “mostly” civilian workplace in his career. He seemed to look lost and out of place. Why? I didn’t know, since he was obviously checking into a Navy command. You’d think he would and should feel quite at home. Then it dawned on me that maybe he was looking for his place in the pecking order? Where is his usual billet? In the past a new Chief arriving at this command would walk in and find a room full of seaman or lower ranking sailors than himself. But with the new civilianization of the shore billets those positions are being converted to a civilian counterpart, and the seamen are going to sea (ships).

It must be hard on them to arrive at a new place and not find their usual comfort zone of men and women to lead. The Chief must be thinking where am I going to get my eval bullets from? How do I talk to these civilians when so many are not former navy, much less, former military? I feel for them as the military and in the case the Navy is changing the way it does business and yet not really helping the new comers (contractors) and the old guard the Chiefs and junior Officers cope with the change and find a middle ground. Any thoughts out there? Have you found any oddities in your work place?

For Contractors By Contractors Jobs

I think we should start a Job finder or Network to keep all of us abreast to whats open and availible in the market place. We all know that knowledge of a job opening and who to apply to is golden. So I will create a category called Job finder and place it in the index to the right. If anyone needs a job hey go ahead post a resume. If you are looking for a recruit or panhandling for a referral bonus and have a opening then once again post it.

Hello UCMJ! Goodbye Constitution

As a civilian contractor and a former enlisted who did a 3 year tour here in Japan, I know that we are all guests in the land of the rising sun. I know what my civic duties are to my Japanese neighbors. In addition, I like so many others have been horrified by the recent run of violent acts and drunk and disorderly behavior against Japanese citizens by US service members and a few US Civilians; I agree that something has to be done about it. And the Navy here has done a lot to improve its image with the local populace. As a military member in past, I knew my ass belonged to the Navy, and what they said is the law of the land as it concerned us Sailors. If they required that we be off the streets and in our homes by a certain time, so be it. No one forced me to sign an Enlistment contract. It’s a volunteer force. In addition, when that Enlistment ends, it ends with a DD-214 to prove it. Now that I am no longer active-duty, I am free to come and go as I please, regardless of what my boss or his boss might think right? When my duty in the Navy ended, I became a private citizen with all the constitutional rights that accompany that status.

As I stated prior, I am a guest in Japan, on a job related SOFA status VISA. I know that my rights in town, outside the gate are whatever the Japanese host says they are. I have no constitution rights here. (neh?) But when I am on base by definition, US Federal property, Japan makes no claims against me unless I commit a crime out in town of course. On base, I am protected by the US Constitution. I f I am Active-duty those rights are configured differently by the Uniformed Code of Military Justice. The UCMJ was drafted to ensure that our nation’s uniform services met their obligations in time of war and peace. But with a DD-214 in hand, my obligations are no longer to the Navy, but to my family and myself. So here’s my question to all of you. Does anyone get the feeling that the military is seemingly trying to force the UCMJ down the throat of the average civilian contractor? I mean they know that the UCMJ does not apply to us. But there are incidents where if contractor doesn’t comply with a rule that the CO wants applied to all their personnel, civilians included, that CO will pressure the employer to fire that contractor. I have heard cases where base security has tried to force contractors to leave a bar when the curfew for Sailors ends. When told that their authority over a US Civilian outside the gate ends at the gate, they have been known to reply that since we are all SOFA sponsored, we ALL fall under the jurisdiction of the base. Hearing this! I thought of calling PSD to ask about my re-enlistment bonus since apparently they didn’t pay me when I involuntarily re-enlisted in the Navy after accepting this contracting job. I heard another case where a co-worker was standing in the parking lot of his off base (mansion) apartment building drinking a beer and speaking with a fellow US civilian and a Active duty (presumed khaki) male out of uniform approached him and told him he could not consume alcohol in public. Hmmm, under Japan law, that is legal. But if these guys were active duty then they would fall under Military law as well. And the military authorities do not allow their uniformed personnel to consume alcohol in public.

So where are these military folks getting the idea that contractors and military are one and the same? It’s not possible to sign away your constitutional rights and nowhere in any employment documents does it say that we’ll agree to abide by any additional rules set by our overseas US Military client. It doesn’t say these things, because frankly, it would be illegal for them to state and or enforce such rule. So where is the power to make something like this stick? Your future job prospect (?) Is the military pressuring the contracting companies to hold an employee’s job over his her head if they don’t comply with the questionable rule set my the base commander? It’s not too far fetched to believe that a company would sacrifice an employee for the sake of a future contract renewal. I can’t imagine this type of thing staying out of the newspapers in the US for long if it occurred in say San Diego.

Now I know some of you are thinking, well if the military here in Japan feels that continuing to grant you SOFA/Visa status is a determent to their mission and relationship to Japan then they should be able to revoke said Visa for that purpose. Absolutely! If I or any civilian here on a SOFA status Visa breaks Japanese law, and/or US Law (on base), then so be it! Send them home. Enforce this rule as long as it is within the law. Meaning don’t try to revoke the rights granted to any civilian visiting Japan (while I am off base), nor the inalienable rights granted to me (US Citizen) by the constitution (while I am on base). Sure National Security laws pre-empt me from certain rights ie… yes, they can randomly search my car or in the case of me entering or leaving a classified space, they can search my person. That concept is the same in CONUS. But just because things a little touchy here in Japan with all the issues with military related crime out in town, doesn’t grant the military any new special powers over me or my fellow contractors/civilians.

As a final note, in a even more radical sense some civilians have reported that they have been told by their employers/US Navy that the SOFA status also applies to a Japanese spouse. NEGATIVE! The SOFA agreement specifically states in the first paragraph that the definition of a SOFA status personnel shall be defined as a NON-JPANESE NATIONAL. So it looks like the military is trying to boss our wives around too. But here I go ranting…….