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Is this Servicemember Protected by SCRA?
by Dan Persfull , BOL Guru
Guru BIOS
Question: I have a customer that enlisted after obtaining a loan from our financial institution. She has provided orders from the Department of the Army which reads "You will proceed on permanent change of station as shown." I am confused as to whether this constitutes a "call to active duty." She is asking us to reduce her interest rate and payment amount. Please clarify this for me as to what is "a call to active duty."
Answer: Once she enlisted and received her orders to what duty station to report, she became active. She qualifies for the SCRA protections. You will want to look at 207(b)(2) of the SCRA and 101(d)(1) of title 10, United States Code.
(d) Duty Status.— The following definitions relating to duty status apply in this title:
(1) The term “active duty” means full-time duty in the active military service of the United States. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
First published on BankersOnline.com 5/23/05
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