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#2230770 - 02/12/20 12:20 AM Full-Time National Guard
Believing... Offline
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Joined: Apr 2012
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In the mountains
Just checking my understanding...if a borrower is full time with the Air National Guard, he or she is only a covered borrower for MLA purposes if/when a call to duty for more 30 days occurs? Working full time on a base, in and of itself, doesn't constitute active duty and trigger MLA protections. Correct?

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Lending to Servicemembers (SCRA, JWNDAA), War, Terrorism
#2230777 - 02/12/20 04:04 AM Re: Full-Time National Guard Believing...
Inspector Offline
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Posts: 266
The question is what the individuals orders say. Working at the burger King on the base doesn't make someone covered.
Opinions expressed are my own and do not reflect legal advice or the opinions of my employer.

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#2231006 - 02/13/20 07:29 PM Re: Full-Time National Guard Believing...
Dan Persfull Offline
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Dan Persfull
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Bloomington, IN
if a borrower is full time with the Air National Guard, he or she is only a covered borrower for MLA purposes if/when a call to duty for more 30 days occurs?

As Inspector said you need to know what their assignment is. If they are a Staff Sergeant and that is their duty assignment then they are on active duty and they are entitled to all the applicable protections under the SCRA and the MLA.
The opinions expressed are mine and they are not to be taken as legal advice.

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#2231112 - 02/14/20 09:44 PM Re: Full-Time National Guard Believing...
Andy_Z Offline
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Look at 3911, 2(A)(ii) ( as full time NG is not necessarily "active service" for the SCRA.

(ii) in the case of a member of the National Guard, includes 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 (normally Title 32 activation is not for more than 30 days and often Title 32 is not considered military service);

You want to see their orders to know how they're called to active duty and pay attention to that period of time. Full time means more than 30 days, but that may be just me.

The MLA defines a "covered borrower" in part as:
"1. A regular or reserve member of the Army, Navy, Marine Corps, Air Force, or Coast Guard, serving on active duty under a call or order that does not specify a period of 30 days or fewer, or such a member serving on Active Guard and Reserve duty as that term is defined in 10 U.S.C. 101(d)(6), or

2. In the original law, the member’s spouse, the member’s child defined in 38 U.S.C. 101(4), or an individual for whom the member provided more than one-half of the individual’s support for 180 days immediately preceding an extension of consumer credit was covered by this part."

The MLA is specific as to "active guard".

It would be interesting to see if a full time guard servicemember is on the MLA database and not the SCRA database. But my read has them applicable on one, not the other, unless they've been called to active duty for that longer period of time.
My opinions are not necessarily my employers.
Rules and Regs minus Relationships equals Resentment and Rebellion. John Maxwell

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