I need help in determining if someone is eligible for relief......he is not in the National Guard and has been called up for active duty. He is full time military and was during the time the loan was made. He has since been sent to Korea but this does not seem to me he has been "called-up" to active duty.....he was already full time.

Help anyone?

He was in, then out, then back in?

If he was in was released and re-enlisted it may be that the spirit of SSCRA is met by lowering the rate. I say this because I knew folks who got out, couldn't find work and re-enlisted for a lower pay grade.

You could argue they were in the service when the original loan was made. But in essence they have decided to serve their country once again and have suffered financially to do so. Shouldn't SSCRA protect them?

I'm not sure this is addressed in the law or by the courts.

The SSCRA is obviously heating up, but may get even hotter. I heard on the news that at least one elected official in the beltway (I don't recall who and it really doesn't matter) will recommend that the draft be reinstated. I don't see that as realistic, but who knows.

No Andy, I understand he is career military......was already in when the loan was made and is just stationed in a different place that he was at the time of the loan.

What do you think.......I kinda don't think he is eligible for relief.

He was in, got a loan, stayed in and was assigned a new post, no way, no relief. I've had those requests before, they were going on a hardship tour or to Bosnia and wanted relief. That isn't part of the law.

My opinion as well.........thanks Andy!

I have seen this before as well. Some military personnel think relief applies if they are re-assigined to an international post, after serving domestically.

I have even had requests that state I am being transferred from GA, TX, etc to Bosnia, Korea, etc and request relief.

JAG does not do a good job in supplying correct info.

Ok here is a question. Is your National Guardsmen employed by the US Army or the State of California.

I am thinking that as a paid employee of the state and changing status to active duty in the army could very well invoke SSRA

If they were active duty army assigned to National Guard then I can see no SSRA

However if a state employee (in the army of the state)
and called to active duty in the US Army then it might be conceived as being no different than going from a civilian job to active duty.

I also find it difficult to see any hardship as the national guard pay scale I believe is the same as active duty army. I also believe they now have received an increase in pay due to overseas and a special pay to those serving in Korea .

I have no idea what the legal status would be but I don't think it can be dismissed without some additional checking

I remember an article that appeared on BOL (I think) in January of 2002 regarding National Guard personnel. Does anyone know if it became law? Here is the portion that I kept.

There has been an amendment to the SSCRA to extend its protections to all the National Guard (both Army and Air) troops performing airport security duty and security duty at other installations around the country in connection with the current war on terrorism. Those troops are on Title 32 orders issued by the governors of the various states and, until this amendment, they were not covered by the SSCRA.

The specific provision is Section 8134 (in Title VIII) of H.R. 3338, the National Defense Appropriations Act passed on the last full day of the first session of the 107th Congress. As of today (01/02/02) the Public Law version had not been posted and we have not gotten official confirmation that the bill has become law. The text of the change to Section 511(1)of the SSCRA is as follows:

SEC. 8134. Section 101(1) of the Soldiers' and Sailors' Civil Relief Act of 1940 (50 U.S.C. App. 511(1)) is amended--
(1) in the first sentence--
(A) by striking `and all' and inserting `all'; and
(B) by inserting before the period the following: `, and all members of the National Guard on duty described in the following sentence'; and
(2) in the second sentence, by inserting before the period the following: `, and, in the case of a member of the National Guard, shall include training or other duty authorized by section 502(f) of title 32, United States Code, at the request of the President, for or in support of an operation during a war or national emergency declared by the President or Congress'.

Something must have happened that this section was removed before final passage. The bill you reference was passed and is now Public Law 107-117. The full text of the law is available here. Unfortunately the section you cite isn't anywhere in this act. Also, at the recent BOL Learning Connect presentation on SSCRA Mary Beth Guard and John Odom specifically referenced that NG troops under these orders were not eligible for SSCRA relief.