How do you determine if a customer qualifies for SCRA protections when, at time of application, their employer is listed as the military? For example, a customer applied in 2003, listing employer as Marines for 6 years. Their orders state "temporary additional duty orders in support of operation Iraqi freedom". Active duty status on DMD 8/17/1997. Customer does not appear to qualify. Another customer applied in 2002, listing employer as Army for 21 years. Orders state they were called to active duty from their reserve component in 2006. Active duty status on DMD is 5/12/2003. Both dates are after the loan date, but they were employed by the military at the time the loan was taken. Are employees of the military always considered active? Thank you!

If the DMD lists the borrower as "active", would that indicate the borrower is a service member? Is the active date on the DMD always current? Thanks!!

I can't answer that.

Look to the definition of a service member. If they were a service member at the time they obtained the loan then they are not eligible.

If they were an employee and then activated through a reserve or guard unit after obtaining the loan then they would be.

If they were a service member at the time they obtained the loan then they were active regardless where the duty station or their job is located.

Again, at the time the loan was obtained you have to determine if they were an active service member or an employee that was later activated.

Thank you!! Many times the borrower lists the employee as the military, but does not expand on the position to help determine if the borrower was a service member at time of application. Some of the orders will specifically indicate the borrower is being called to active duty from the reserves, but some orders do not seem to provide this detail. It seems the borrower will need to be contacted for clarification. Thank you.

The army does employ some personnel full time in National Guard Units. So it may apper they are on active duty because they work for the Army National Guard unit as a civilian that they drill with.

When the unit is activated they get a set of orders that activates them along with everyone else.

Again, thank you for the responses. For our particular scenario, would a recruiter in the Marines be considered an active servicemember? The orders received state "temporary additional duties" in support of operation Iraqi Freedom for 9 months then a return to resume regular duties (recruiter). Since the borrower was a recruiter at the time the loan was taken, I would assume he does not qualify? Thanks!

Marine Recruiters are all active duty marines. He was already on active duty when he was order overseas. He does not qualify for SCRA.

Its like working for a bank branch and being told to report to the head office for a tempory assignment of 6 months after which you will return to the branch. Except he has a better chance of getting killed than you do.

BUT check your state laws as some states inacted laws that coverd all service people.

Thank you!! Have a great day!!

Me again. I am checking with my legal dept., but does anyone know if Pennsylvania has enacted a law which protects all service people? Thanks again!

That may be a better question to be posted in the state forums, or to call one of your state associations.

For a better understanding of the SCRA you might look at this SCRA webinar.