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 Now that I am no longer active-duty, I am free to come and go as I please, regardless of what my boss or his boss might think right?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…….