May 1, 2009
Q: I have a question regarding the lack of legal help on base for local hire Department of Defenses (DoD) civilians. As local hires, we are required to change our visa status in order to take a job on base. Some of us may have had spouse visa status. We, generally, had more rights as American citizens in Japan while on a spouse visa. Some of us may need to get an Individual Taxpayer Identification Number (ITIN) for our spouse or children, whom are not American citizens. Navy legal helps active duty service members with this issue, but they turn local hires away. Additionally, under the Status of Forces Agreement (SOFA) visa we are subject to the same military laws as active duty, however, we are not eligible for legal help from Navy legal, because we are local hires. Some of us are veterans. Retirees get legal help, but veterans who didn’t retire don’t. In the states, it wouldn’t be a problem. We wouldn’t be subject to SOFA and could easily find legal help off base. However, overseas, we surrender our spouse visas and then we are left in “no-man’s land.” Can this policy be changed to either let us maintain our spouse visas, or at least offer us legal assistance?

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A: The Navy Legal Service Office (NLSO) is responsible for the provision of these types of services. Eligibility for legal assistance services is governed by federal law. Legal assistance services for the armed forces is specifically outlined under 10 U.S.C. 1044 and further explained for the Navy in JAGINST 5800.7E, which specifically precludes the NLSO from extending legal assistance to local hires. The NLSO works arduously with each potential client to find some other basis for eligibility (retiree, dependent of a retiree, etc), but these exceptions do not always exist. Specifically for ITINs, there are other Internal Revenue Service (IRS) acceptance agents within the Kanto Plain that can issue them. Visit the U.S. Embassy Web site at http://tokyo.usembassy.gov/e/acs/ta...7126b.html for more information.

As a DOD Civilian you and your spouse are entitled to NLSO's services. This is only because you are overseas. (DOD civilians do not qualify for NLSO services in CONUS.) If you are a DOD contractor, you are only eligible if you were hired in CONUS.

Call 243-5141 to make an appointment or stop by the 2nd deck of PSD--hours are 0900-1530 and legal assistance walk-ins (where you can get an ITIN) are Tuesdays 1300-1530.

If it's any consolation to the originator of this blog, I the instruction mentioned in the response is more than likely the so-called Navy "JAG Manual" which I had to read cover-to-cover during my 24 years naval career. It always said that local hires did not rate those legal services from as far back as I remember. I know this doesn't help, but sometimes it's good to know the history of regs.