Sept. 18, 2009
By Dan Bowen, CFAY Public Affairs
The Uniform Code of Military Justice (UCMJ) is a well-known judicial system for maintaining order and discipline as well as ensuring the health and safety of those who serve in the United States military. However, for the many civilian employees and family members serving and stationed aboard military installations, the UCMJ does not apply. Instead, the civilian population is subject to a Civilian Administrative Forum (CAF), a process that protects the rights, safety and mission readiness of everyone aboard Commander Fleet Activities Yokosuka (CFAY). CAF provides a fair and practical procedure to ensure individuals not only understand the process, but can also respect it. “CAF is a well-documented, coherent process that protects individuals while protecting the health and safety of the community,” said CFAY COmmanding Officer Capt. Daniel Weed. “We scrupulously follow all senior directives and rigorously avoid any form of bias or favoritism, independent of rank or rate. Thanks to this fair and equitable decision process, serious offenses have decreased over 200 percent since 2007.” CAF, as set forth in CFAY Instruction 1750.5K, is the process by which misconduct on or off the installation is addressed. “We become aware of a CAF issue, either through a police report, a complaint or some other means by which we understand something happened,” said Fernando Meave, a paralegal specialist from the CFAY Staff Judge Advocate Office. “Normally after it’s thoroughly investigated by security, we will take a look at it and notify the sponsor via the chain of command. We also note the time and place of the hearing and afford them the opportunity to change their ability to be present, depending whether they are underway or [on] temporary assigned duty, as long as their absence doesn’t unduly delay the overall process.” It’s also important for residents to remember that for certain offenses, the CAF process is generally put into effect after Japanese authorities have conducted their own investigations and, when required, imposed their own sanctions. “For example, if someone is caught shoplifting out in town, the first bite at the apple, per se, from the legal perspective is by the Japanese authorities. Once they clear that hurdle, it still subjects them to going in front of a CAF officer so their infraction is reviewed by the installation commander,” said Meave. During the CAF hearing, a CAF administrative hearing officer, a commissioned officer permanently attached to CFAY and appointed by the base commander, conducts the hearing and makes recommendations which will be forwarded to the commander via the Chief Staff Officer and the Staff Judge Advocate, who is responsible for determining the legality and consistency of the recommendations. After receiving recommendations, the commander will review the case and direct the appropriate administrative sanctions. Administrative sanctions may include, but are not limited to, the revoking or suspension of specific base privileges, community service, removal from quarters, professional counseling, or expulsion from Japan. When determining the appropriate sanctions, the commander will take into account: the severity of the misconduct; the subject’s prior record; the age and maturity of the individual; the impact of the misconduct on relations with the government or citizens of Japan and any other relevant criteria. “My main consideration is to be fair and impartial,” said Weed. “Preventing a more serious incident suggested by past incidents requires delicate judgment and compassion to ensure the needs of all are fairly considered.” Once a final disposition has been issued, the sponsor or subject may appeal the decision to Commander Naval Forces Japan. However, it must be submitted in writing within 10 working days after receiving notification of the disposition and contain all relevant facts and reasons for the appeal. The results of CAF can often have serious short and long-term impacts on both individuals and family members. Ultimately, it is every sponsor’s responsibility to prevent misconduct by their family members. If they fail in this, it becomes the responsibility of the command to control the situation and protect the good order and discipline the base requires to run efficiently and effectively. CAF is vital to Yokosuka precisely because of the protection it offers residents. “CAF is important because it protects the responsible, law-abiding Fleet Activities Yokosuka citizens,” said Weed. “People expect a safe, healthy environment in which to live, work, play and raise their families.”