SCRA Protection – national guard two week duty

Compliance > Lending > Service Members > SCRA
Q: Our bank’s customers include National Guard members who are on active duty for two weeks a year. Are SCRA protections available to these members?
 
A:  Under Section 511(2) of the SCRA, a national guard member is entitled to SCRA protections when called into military service, which is defined as “active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 U.S.C. 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds” (emphasis added). Active duty for two weeks a year would not qualify as “military service” under Section 511(2) because it is less than 30 consecutive days. Therefore, a two-week training period does not qualify a member of the National Guard for SCRA protections.
 
 
ADDITIONAL INFORMATION – This Q&A was released by the Federal Reserve Board, in follow up to their Servicemember Financial Protection Webinar that was presented on September 10, 2012 - https://www.consumercomplianceoutlook.org/2013/first-quarter/servicemember-financial-protection-webinar/
 

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