SCRA – When Does Active Duty Begin?
Answer by Dan Persfull, BOL Guru Guru Bio
Question: We have a borrower who is a member of the Army National Guard. It is my understanding that he now has the same rights as regular Army members as far as the SCRA is concerned regarding the 6% loan interest rate. The service member received orders dated 5/14/08 to report to active duty for training beginning 7/28/08 until a specified time. Then he received orders on 7/15/08 for temporary duty for one day on July 26th. On July 18th he received an order to active duty as a member of his Reserve Component Unit for a period beginning 9/6/08. Does his period of duty begin on May 14th when the first order for training came or July 18th when he received final orders?
Answer: I am going to opine his protection begins on 7/18/08 because his orders on 5/14/08 and 7/15/08 were revoked/suspended by the 7/18/08 orders. However, there is nothing to prohibit you from reducing the rate beginning with the 5/14/08 orders.
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