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.