When am I covered by the Servicemembers Civil Relief Act (SCRA)?
The SCRA applies to the following servicemembers when they are in military service:
Active duty members of the Army, Navy, Air Force, Marine Corps, and Coast Guard
Members of the Reserves when on active duty
Members of the National Guard mobilized under federal orders for more than 30 consecutive days as described in the TIP below
Active service commissioned officers of the Public Health Service or the National Oceanic and Atmospheric Administration
Under the SCRA, for members of Army, Navy, Air
Force, Marine Corps, or Coast Guard, “military service” is defined as serving
on active duty under Title 10 section 101(d)(1) of the United States Code. This is commonly referred to as being on
“Title 10 status.”
For members of the National Guard, “military service” is defined as
“service under a call to active service authorized by the President or the
Secretary of Defense for a period of more than 30 consecutive days
under section 502(f) of title 32, United States Code, for purposes of
responding to a national emergency declared by the President and supported by
Federal funds.”
If you still have questions about your rights under the SCRA, contact
your local JAG office for more information. To find your JAG Legal Assistance Office use
the locator.
You also may be able to get assistance from your state attorney
general.
