Ok, I'm pretty steamed up.  As many of you know, I'm in Iwakuni as a contractor.  I'm also a Navy retiree.  My wife & I entered Japan 28 months ago as contractors in a SOFA status position.  We live offbase, as all Iwakuni contractors do. 

Over the past 28 months, we've had to apply & reapply about 8 times to renew our base access.  Even though we can come on base as retirees, our SOFA status gives us access to FPO, banking facility, SOFA drivers license and more.  Each time we apply, I submit copies of my passport and my wife's Thai passport (including her US visa and SOFA multiple-entry stamp for Japan).

Today, after applying to renew for the 9th time, SJA says they just now realized she is a Thai citizen, her past approval was a mistake, and she no longer can be given full access to facilities. We can stay in country, but she can only shop and use the post office, gym, theater, etc. if she is with me.

WTH??? Where did this come from??  First of all, I'm a Navy retiree and she carries a spouse retiree ID card (this is not mentioned in my application, so they didn't factor this into their decision.)  But more to the point, am I the only contractor here with a non-US spouse?  Nobody else has a Japanese/filipina/Korea/Mexican wife?  Are all these spouses excluded from facilities unless accompanied by their sponsor? 

It's not even a matter of being a contractor.  The email from SJA says because she is a Thai citizen, she does not rate full access to base facilities due to SOFA constraints.  If it's a SOFA issue, then even foreign wives of active duty would have to be accompanied in order to buy anything on base.

I know all of this is absurd but now I have to go to battle with the entrenched powers.  Does anyone have any specific knowledge about this?  Is there any other base in Japan or Okinawa that is putting restrictions on non-US wives of SOFA members?  I have never heard of such a thing in my over 30 years of affiliation with the Navy & Marine Corps.

Thank you.

It was many moons ago but I knew a British fellow who had SOFA as did his wife and 3 kids (all UK citizens). They all had unrestricted access to to base facilities.

Would it makes sense to put a call into a legal beagle at USFJ at Yokota?

The first step would be to ask for clarification in writing and get a copy of the regulation where it states that. Then make sure you get the name of the individual(s) and their position. Each country has specific SOFA requirements, it sounds really odd that Thailand would be an exception to SOFA rules for dependents. So does that also imply that she can't operate a vehicle because it's a SOFA drivers license and therefore you aren't even authorized more than one vehicle? Every attorney in the military is required to have passed a Bar exam from somewhere, however there are some that fail to pass the exam even after the grace period (a few years) and they end up getting transferred into another position to complete their service requirements. I wouldn't place the decision as the definitive answer, move it up the legal chain of command.

If you want to get to the bottom of it faster, initiate a 10 million dollar discrimination / harassment lawsuit, that's the kind of stuff legal types understand and it will get the appropriate attention.

I am British, and I have access to everything. We only arrived on Friday night but so far I have had no problem, I went off base and came back on, my card didn't work though, they just had me write in the book.
I'm confused as to why your wife can't?
Yokota has pretty much summed it up for you though! Good luck.

BekiG,

Are you referring to your ID card not working correctly when they scanned it coming into the gate?? If so, it is probably because you have not registered it in DBIDS (I think that is what it is called). We had to do that too when we moved here. It only took a few minutes and we went into the office at the main gate. I can't remember what we ad to have with us. Maybe your hubby's orders and your Dependent Entry Approval.

ThaiGuy,

That is strange especially since it has been done 8 times without problems. Why all of the sudden is it a problem? I hope you get it straightened out soon. What a HUGE inconvenience.

Posted By Kimberly H on 11-01-2011 9:05 AM
BekiG,

Are you referring to your ID card not working correctly when they scanned it coming into the gate?? If so, it is probably because you have not registered it in DBIDS (I think that is what it is called). We had to do that too when we moved here. It only took a few minutes and we went into the office at the main gate. I can't remember what we ad to have with us. Maybe your hubby's orders and your Dependent Entry Approval.

ThaiGuy,

That is strange especially since it has been done 8 times without problems. Why all of the sudden is it a problem? I hope you get it straightened out soon. What a HUGE inconvenience.

No, we don't have DBIDS in Iwakuni (thank goodness).  But as a retiree family, we can come and go with our retiree cards.

To work on base as a SOFA member, I have to renew a contractor base pass every time I get a contract extension.  This does two things: (1) Makes it legal to work on base overseas (2) Gives us additional privileges under SOFA that a non-SOFA retiree wouldn't have, such as an FPO & drivers license.

The decision they made was without knowing we are a retiree family.  I don't put that on the application as it's not relevant to my contractor position.  So of course, my wife can still use the commissary, etc. as the spouse of a retiree.

Still, I have 2 serious gripes with their findings.  One is the correctness of their interpretation of the US-Japan SOFA agreement.  I've never heard that non-US spouses cannot use facilities unless accompanied by their sponsor. What screwball came up with this interpretation?  I would say there are hundreds, maybe thousands of families in Japan that would be impacted if this were true. How many Japanese & filipino wives are here?

I'm insulted by the baby-sitting mentality. This means I have to go with my wife if she wants to buy stamps at the post office or use the bank?? 

My second big issue is there are certain SOFA privileges that are now called into question, most notably my wife's drivers license which was not mentioned in the email.

This base has a recent history of hostility towards non-active duty families.  There is a similar discussion (here: http://www.japanbases.com/forums/aft/5972.aspx ) where the base leadership unilaterally decided spouses of retirees could not enter the commissary unless accompanied by their retired sponsor.  What a heaping load of cr@p!!  I ICE'd them on this one; next thing you know, the XO and Sgt Major were calling me with all kinds of stories.  The CO grabbed me at a community event to explain.  Somehow this ICE musta caught attention at a high level.  Before you know it, they back-pedaled on that.

The other time, they decided that non-SOFA retirees could not use the gym, and posted a sign at the door.  Now in Iwakuni there are like 12 old-timers with Japanese wives who come around from time to time.  Are they such a burden on the facilities that we have to exclude them from the gym?  I've seen them at the gym collectively maybe 6 times in the last 28 months.  It's just the idea of disrespecting them and failing to honor their service to country that set me off. So I ICE'd it again, and that policy was overturned.

Looks like now they've found a way to single out just me & my wife, without affecting the larger retiree/contractor community.  Where I stepped up before to help my shipmates, now there is no one to lean on but myself.  Keep in mind, the commissary retiree policy didn't affect my family -- my wife could get in as a SOFA contractor.  Likewise at the gym. I just spoke up because it was inherently unfair.  I don't know any other contractor family in Iwakuni with a non-American wife, so I've been singled out.  That's what I get for trying to do what's right.  We will fight this; I have many avenues, and those of you who were around when I stood up to CFAY for shutting down Japanbases know I don't back down in the face of threats.  I WANT to stay in Japan, but I don't NEED to stay in Japan; I won't tolerate them disrespecting my wife.  We'll see how this one plays out.

Technically..... they also sell stamps in the BX/PX/NEX too., I hold a retired blue ID card and a dependent SOFA ID card.

The blue card doesn't do anything when trying to pick up packages I can do all other postal functions without an ID.
The blue card doesn't do anything at the local on base bank, the reason is because they only accommodate banking privileges to SOFA personnel.

The blue card is good for, BX/PX/Commissary/dental (Space-A), AMC flights, getting on most non-sensitive US Military bases and of course medical under TRICARE.

The DBIDS (Defense Biometric ID System) can be set on any military ID card, what they do is load the encryption on the barcode or gold chip for AD folks and civilian SOFA sponsors, then your ID card is is supposed to have photographs and fingerprints readily accessible by anyone with a scanner. Eventually all bases will use the system and hopefully all bases will be able to read the card from other bases too. I have DBIDS on both of my ID cards and it works the same when queried from the local gate guards.

This has nothing to do with DBIDS. We don't have it in Iwakuni.

Here is the quote from the Station Judge Advocate to my boss:

"In (their) past Logistical Support Letter, his wife was put on as having full access to exchange, commissary, post office, banking facilities, MCCS activities and lodging aboard MCAS Iwakuni. This was wrongfully given to her, and is a mistake on our part. According to her passport, she is a Thai citizen and therefore only rates commercial eating facilites per the SOFA. She can, however, access all these as long as she is accompanied by her husband, but cannot purchase anything on her own."

We are SOFA.  I'm a contractor.  I'm a Navy retiree.  We've been here 28 months with no problem until today.  What happened?

(the DBIDS was referring to someone else above that was hijacking your thread)

Part of the message states only commercial eating facilities, where I am at my spouse cannot eat at the military dining facility on her ID card solely and she is the SOFA sponsor. She can dine there with me under my retired ID card though. As far as purchasing items, I am assuming that is in reference to your local PX. I realize she can still use her dependent retired ID card to do that but I also find it odd that as your spouse that is not permitted under her SOFA ID card.

Does she hold a SOFA ID card now? SOFA drivers license? SOFA stamp on her passport? Is she on an account at an on base banking facility?

All of those issues need to be addressed, it sounds like she has SOFA status but not all, which is a little confusing. You may want to ask them for some clarification. What does her ID card say on the bottom right hand side under: AUTHORIZED PATRONAGE?

If it says EXCHANGE, MWR, COMMISSARY nothing has changed.

Posted By yokota on 11-01-2011 11:46 AM

Does she hold a SOFA ID card now? SOFA drivers license? SOFA stamp on her passport? Is she on an account at an on base banking facility?

All of those issues need to be addressed, it sounds like she has SOFA status but not all, which is a little confusing. You may want to ask them for some clarification. What does her ID card say on the bottom right hand side under: AUTHORIZED PATRONAGE?

If it says EXCHANGE, MWR, COMMISSARY nothing has changed.

"Does she hold a SOFA ID card now? SOFA drivers license? SOFA stamp on her passport? Is she on an account at an on base banking facility?"  Yes, she has all of these.

I realize she can keep shopping as a retiree spouse, but I am going to take issue with the SOFA thing.  That should be sufficient, and there are many SOFA spouses in Japan who do not have a retiree ID card; I will fight for them too.

If I had not made an issue of the commissary back in April, she would have lost access to the commissary based on both her status as a retiree spouse, and also as a SOFA spouse.  So in retrospect, I'm glad now that I did take up that battle.  Since they keep coming after us from all possible angles, I will fight this one to the bitter end, too.

I will also mention, my wife has been in the commissary maybe 3 times in our 28 months here. I do the shopping on base; she lives & works off base; she does her shopping in Japanese stores off base. She only comes on base for church on Sundays. So there is no possible question that she might have been misusing her privileges. Again, I don't see why they have chosen to undertake this battle. It makes no sense.

I would ask them to show/tell me the Article number/section of the SOFA that says she is not allowed to have the status. If they can not give that information then they would have to give her SOFA status.

You can see the SOFA here.
http://www.mofa.go.jp/mofaj/area/us...lltext.pdf

Article I and IX are where I could see them try to deny her SOFA. However, If this is what they are using then it would deny everyone (AD,DOD, and contractor) who has a non US or Japanese spouse to lose SOFA stats.

As long as she has a SOFA ID card that allows EXCHANGE, MWR, COMMISSARY nothing has changed. Are they telling you to surrender her ID card and get issued a new one not allowing those services?

That's the only way they could enforce it anything short of that is mere hearsay or perhaps they are just trying to spool you up. How would the ID card checker (who most likely isn't even a US citizen) know you received an email stating your spouses privileges have changed?

Posted By yokota on 11-01-2011 1:18 PM
As long as she has a SOFA ID card that allows EXCHANGE, MWR, COMMISSARY nothing has changed. Are they telling you to surrender her ID card and get issued a new one not allowing those services?

That's the only way they could enforce it anything short of that is mere hearsay or perhaps they are just trying to spool you up. How would the ID card checker (who most likely isn't even a US citizen) know you received an email stating your spouses privileges have changed?

Yeah, they're pretty third-world down here.  The local drivers license looks like a word-processing doc that a 3rd-grader created.  Same with the "gate pass" which is what they give to contractors for ID; very amateurish.  I'm supposed to have my gate pass with me when I work on base, but I never use it for anything -- I always use my retired ID.  However, the gate pass is what I use to get a SOFA drivers license; you can't do that with just a retiree ID. 

ANYWAYZZ... I think I solved the problem.  I went back to Legal loaded for bear.  I had 28 months worth of THEIR documentation showing my wife's Thai nationality with full SOFA privileges; how can they say they just noticed?

The legal clerks were very sympathetic and apologetic. They all know me cuz I've had to renew our SOFA status so many times.  Each of them told me (when the other was out of the room) that they've never heard of anything like this before; a SOFA wife being told she has to be escorted to use any facilities.

In the end, I've come to believe this whole episode was a unique blend of incompetence & confusion, rather than malicious intent.  Incompetence & confusion I can deal with, since we see it around us every day.  The confusion came from them somehow thinking I have become a resident in Japan.  That is, I have some kind of residential visa and residence permit which does not allow one to also have SOFA status.  Most people here on orders do not do this.  I have no idea how or why they came to believe this in my case.  I showed them some evidence that I have not changed residency to Japan, most notably by showing I have no residence visa in my passport. 

The incompetence came in when they thought that 3rd-party wives (neither from Japan or the US) cannot use the commissary, exchange, and other facilities on base.  I don't know how they can possibly believe this; I know many third-party spouses and they happily shop all over the base, no problem.  Anyway, I played my trump card which is my retiree ID and said regardless of what they do about SOFA, my wife can shop since she's married to a retiree. 

They decided on the weight of the evidence to let it go, and issue me another contractor pass with full SOFA status for my wife and me for another year (when our contract renews.)  By then, there will be a whole new crew working at Legal & I don't expect this problem to come up again.  It was totally weird, and I really don't expect anyone else to be impacted by this so I'm gonna put the matter to rest.  Thank you all for your suggestions. 

You had get a to base pass 8 times in twenty-eights months? What are they doing renewing your contract quarterly? Sounds like the height of stupidity. Have should have a CAC good for the length of the contract. Being a contractor is touchy, one company in Yokosuka had command sponsorship for the employees but not for the spouses,it caused a hell of a mess. Previously the spouses were also sponsored, the employees rolled over out of fear.
It could be worse though, in Rota Spain your retired ID won't even get you on base. Once a retiree finally gets a local base pass he is only allowed to be price gouged at the mini-mart, everywhere else is off limits to him. Keep smiling it will probably get worse.

Posted By asahiman on 11-01-2011 8:21 PM
You had get a to base pass 8 times in twenty-eights months? What are they doing renewing your contract quarterly? Sounds like the height of stupidity. Have should have a CAC good for the length of the contract. Being a contractor is touchy, one company in Yokosuka had command sponsorship for the employees but not for the spouses,it caused a hell of a mess. Previously the spouses were also sponsored, the employees rolled over out of fear.
It could be worse though, in Rota Spain your retired ID won't even get you on base. Once a retiree finally gets a local base pass he is only allowed to be price gouged at the mini-mart, everywhere else is off limits to him. Keep smiling it will probably get worse.

Yeah, I can only get a pass for the duration of the funding of my contract. There were times when funding & contract extensions were coming in one-month increments; sometimes quarterly. Trust me, it's a huge headache.  And my drivers license is tied to my base pass, so I have had to renew my drivers license like 8 times as well.  Each time I do this, I write off about 3 workdays to take care of all the paperwork, running it all over base.  It's certainly not cost-effective, when you factor in the value of my time. I'm working now on getting a CAC card which will not be tied to the duration of my funded contract. I hope to know by next week about this.

You're right about Spain.  My company has people all over Europe, and as bad as Japan is, it's easier here than just about any country in Europe.  Even Korea is more problematic.  I shouldn't complain too much -- but I will.  :-)