I have several service members that show on their application as military at the time the loan was made. They seem to be full time active national guard. I am now receiving orders stating they are being called to active duty but werent they considered active duty before, they are now just going from state pay title 32 to fed goverment pay title 10. And if yes would they qualify since technically they were already in the miliatry. I have checked the DOD website and they show active duty date prior to these orders and prior to my loan.

Were they employed by the military at the time of your loan or were they active duty military at the time of your loan?

I have a couple of friends that their "civilian" jobs are actually with the Navy at the Crane Naval Weapons Depot, however they are not active duty military in their job capacity.

If they were active duty military at the time of your loan then they are not eligible for the rate reduction.

I believe they are active guard and work 100% of the time with the national guard as active guard members. But they are being paid by the state under title 32. Then they are called up by the federal government to serve overseas say in IRAQ and their pay changes to being paid by the federal government out of title 10. But to me it seems that they were full time military at the time the loan was made since they were working full time as active guard and it is just they are being paid out of different branch. But not 100% sure of that, it is only my opinion. Thanks for your help.

Here's the definition of "active duty":

(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.


Based on this definition I would have to recant and say your borrower was not active duty military at the time of your loan.

When they made changes from the SSCRA to the SCRA, it changed that members of the National Guard called up to active duty for more than 30 consecutive days under Title 32 USC (formerly only applied to National Guard if under Title 10 duty; now applies to both).

United States Code Title 10 status means the servicemember is paid under direct control of the federal government. National Guardsmen under this are considered members of the armed forces and benefit from all the protections under the SCRA. They may be called up to go to Iraq or Afghanistan or to fill a slot stateside while another soldier travels overseas.

United States Code Title 32 status means they are paid and trained by the United States armed services but are under the command of their respective states governors. This status is often an answer to domestic security problems such as we saw after 9-11-01. It helps avoid the federal “posse comitatus” prohibition of using the military forces for domestic enforcement. Title 32 was an addition to the Act as they were not protected in the past, but could suffer the same problems.