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Thursday, September 27, 2001

Officials struggle with applying rules
to civilians at Pacific bases

When officials pumped up security measures at bases around the Pacific two weeks ago, questions arose. Which restrictions applied to civilians? And what recourse was there to enforce the rules equally on civilians and servicemembers?

As was the case in June 2000, when Okinawa held a G-8 Summit, the interpretation of rules was left to the individual bases, said base officials.

At South Korea installations, that meant severe restrictions on anyone with base access, including civilians.

“The Army may lawfully discipline employees through administrative actions for violating directives and orders in cases where the violation would impede the efficiency of the employer’s mission,” said Lt. Col. Ben Santos, 8th Army public affairs chief.

“The authority for this lies in law, regulation and policy,” he said.

In areas where the threat of violence is imminent, base security long has been an issue for all personnel.

“It is important to note that all within the command understand the importance of force protection and for the need to maintain a safe and secure environment for the military, civilians and their families,” Santos said.

At Yokosuka Naval Base in Japan, there was some confusion over how the strict security rules apply to civilians.

A spokesman for commander, Naval Forces Japan, likened the situation to the new off-duty clothing policy. In both cases, he said, civilians are “encouraged to abide by the spirit” of the regulations.

But other base officials said the security rules cover all Yokosuka personnel, including civilians.

“From what I understand, it is in effect for all SOFA personnel,” said Seventh Fleet spokesman Cmdr. Matthew Brown, referring to the Status of Forces Agreement under which base employees, dependents and most civilians enter Japan.

Under that interpretation, off-base residents only should travel directly to and from their houses to their workplaces, unless on official business. Violators in severe cases could have their SOFA status revoked, causing loss of employment and visa status, said base officials.

For the most part, civilian commands at Yokosuka asked their employees to follow all of the guidelines, which included a 10 p.m. to 5 a.m. curfew and a prohibition on off-base liberty.

“We are encouraging all of the teachers and other employees to follow the rules as much as possible,” said Tari Wright, principal of Yokosuka’s Kinnick High School.

“But we’re not going to crack down if two or three teachers get together for a meal off base or spend time at each others’ houses. We know this is all for our own protection.”

Officials at Yokosuka’s Morale Welfare and Recreation Department, the largest civilian employer on the base, said they were enforcing the rules on their employees.

Many in the base community say they understand the concerns but look forward to the restrictions being lifted.

“It’s a safety issue after what happened in the States, but it doesn’t mean I won’t stop at the store on my way home to pick up dinner,” said Sarah Pollock, whose husband is a civilian contract employee. “Some of the restrictions are coming down, but I wonder what will happen when we start shooting,” she said, referring to the military’s as-yet-unknown retaliation strategy.

At Misawa Air Base in northern Japan, some teachers and other civilian employees expressed concern over force protection or evacuation measures that could require them to move on base.

“In the unlikely event teachers are directed to move on base for their safety, the order would be considered a unilateral change to their contract and would be termed a ‘condition of employment’ as a [Department of Defense] employee,” said Lt. Col. Albert Guarino of the 35th Fighter Wing.

“If the DOD employee refuses to comply with the general order, it could be used as grounds for dismissal. The safety and security of our people would be paramount in making such an order. It is the 35 [Fighter Wing] commanders’ goal that all DOD folks be taken care of and provided a place to stay in case of an emergency,” he said.

The differing philosophies at Pacific installations echoed the restrictions enforced at Kadena Air Base, Okinawa, last year.

Officials then acknowledged civilians could not be punished for violating curfews or drinking bans under the Uniform Code of Military Justice. They could, however, face administrative action from their civilian employers or, in severe cases, be referred to the Kadena Disciplinary Action Program.

Under that program, a hearings officer can impose punishments ranging from community service to revocation of base access.

Officials did say, however, that such punishments against civilians only would be meted out in the most severe cases.

“In the case of Kadena, the commander made the decision that the best approach would be a consistent one across the board,” a spokesman said at the time.

Wayne Specht contributed to this report.


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