Legal Briefing
Client Services, Office of the SJA
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Office of the Staff Judge Advocate
What we do:
Legal Assistance/Tax Center/Claims
Military Justice (Soldiers)
Administrative Law / Labor Law
International Law (Host Nation Issues)
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Legal Assistance
ELIGIBILITY: US Forces Personnel, Retirees,
Dependents & Survivors
* Contractors if included in their contract.
* Must bring contract/authorization for legal
services (AR 27-3).
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Legal Assistance Services
WHAT types of advice / services do we offer?
‾ Estate Planning/Wills
‾ Immigration
‾ Separation & Divorce
‾ Contracts
‾ Debt / credit issues
‾ Notary & document certification services
‾ Security clearance issues (unpaid debts)
‾ Financial Liability Investigation for Property
Loss (FLIPL) Rebuttal/review
‾ Reprimand Rebuttals
‾ Qualitative Management Program (QMP)
notification
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Claims - DD FORM 1840/1840-R
Two Step Process:
•MUST provide notice to the
Transportation Service Provider (TSP) of
damages or loss within 75 days.
•File online claim at www.move.mil within
9 months of delivery for Full Replacement
Value (FRV).
Claims Office can provide additional
assistance.
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Japanese Auto Liability Law
• Japanese Motor Vehicle Laws
– “Professional Driver”
– “Professional Negligence”
– “Comparative Negligence” (“Comparative Fault”)
Partial Negligence = Criminal Liability
(Cycles, Bikes, Pedestrians)
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Alcohol in Japan
• Legal Age is 20 Years Old
• Implied Consent
– Take BAT or Forfeit License
– No On-Post Exception (same laws on & off post)
TAKE THE TRAIN!
USE A DESIGNATED DRIVER!
CALL THE MPs FOR HELP!
DO NOT DRIVE AFTER DRINKING!
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Japanese Driving Laws
• Japanese Law Blood Alcohol Content Limit = .03%
• Pretrial Detention
• Fine & Prison in Japan
• Revocation of SOFA license
• Passenger Liability - riding with drunk driver
• Suspension & Revocation (New as of: 30 March 16)
- 60 days suspension for .03.-.049 BAC
- 6 months revocation for .05-.079 BAC
- 12 months revocation for .08 BAC and above
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Prohibited Items
• Firearms / ammunition
• brass knuckles
• slingshots
• BB guns
• pellet guns
• switchblade knives
• stilettos & daggers
• Knives with blades longer than 5.8cm
(<2.3 inches)
REGISTER REPLICAS
WITH THE COMMAND
USARJ Reg 190-6
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Sexual Assault Laws
• Japan has primary jurisdiction in cases involving
Japanese citizens as victims
• If you are a suspect in a crime and the Japanese
decide not to prosecute, you can still be charged
under the UCMJ (military members)
• Age of consent:
– UCMJ – 16 years old
– Japan
Article 4 of the Child Welfare Law of Japan defines "child" as "anyone
below 18 years of age. The consent age depends on the prefecture, however,
the Japan adult age is considered to be at the age of 20.
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SOFA - Your Responsibilities
• Identification to Japanese Authorities
• Cooperation & Courtesy
• Notification to MPs, Supervisor or
Commander
• International Hold
– U.S. ENSURES YOUR PRESENCE IN JAPAN
DURING ANY PROCEEDINGS
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Military Justice - Other Issues
• Family Member Misconduct
Penalties
- Community Service
- Fees
- Early Return of Dependents (ERD)
- Bar from post
• Do not contribute to the “Black Market” (e.g., sell PX items off base)
• Make sure your dependents are properly SOFA licensed to drive!
• Visitors must have a SOFA license to drive on post!
- Be careful with off-base OTC medications!
- If in doubt check with MEDDAC / MPs
- Example: “Bron” contains codeine - a Schedule II
narcotic under the U.S. Controlled Substance Act
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Military Justice - Curfew
• Currently SGT (E5) and below: 0100-0500
• Off-installation public consumption of
alcohol prohibited between 2400-0500
• Commanders can make some exceptions
• There are various other exceptions, so
check with your command!
• Review the CG’s Liberty Policy!
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Labor Law US - Japan SOFA
Individual Privileges – GET PRIOR
APPROVAL
• Commercial Activities Restricted
– May Teach English
– Home Business or Off-Post Work Requires
Garrison Command Approval!
– Call Legal Assistance for Help
• Off-post employment cannot be:
– In a bar or establishment that regularly sells
alcohol.
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Tax Center
• Located in Bldg 101, E-100
• Free Federal & State Preparation & Filing
• Appointments & Walk-Ins accepted
• DSN 263-1040 or COM at 046-407-1040
• Open mid-January to June 15
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Legal Assistance Office
– USARJ HQ BLDG. 101, Room CE-209
• Second floor, near middle stairwell.
– Appointments:
• Phone: DSN: 263-4698 or 263-3331
• Mon, Tues, Thurs, and Fri: 0830 to 1630
Wed: 0830 to 1200
Lunch: Daily 1200-1300
– Walk-ins: Notary & Powers of Attorney
Emergencies
