The SCRA and DOD Armed Forces Code aren't very clear as to when SRCA protections for reservists can be extended. Some of my peers take a conservative approach and extend protections for any military related orders/DOD search showing 30 days or more regardless of Active Duty or Reservist status.

50 USC 516 SCRA protections may be extended to reservists who are ordered to report for military service. 50 USC 511 states that military service includes those on active duty as defined by 10 USC 101(d)(1). 10 USC 101(d)(1) defines active duty as full-time duty in active military service. 10 USC 101(d)(6) (A) defines active guard and reserve duty as active duty performed by reservists for a period of 180 days or more.

There appears to be inconsistencies between "active duty" and "active guard and reserve duty."

Questions: If reservists have orders demonstrating 180 days or more of service, do protections apply even if they are not "active duty" as they don't appear on the DOD site? What if the reservists orders show less than 179 days and the DOD site shows a shorter period (30-178 days) of active duty?

SCRA defers to orders and not DOD site but sometimes they conflict. Taking the conservative approach would result in protections being extended for whichever shows longer service on either orders or DOD site.

I'd appreciate other perspectives on regulatory understanding versus a conservative approach.

See if this older thread helps.

Also you need to look at the following:

§ 3911. Definitions.
[Section 101 of the Act]
For the purposes of this chapter:

(1) SERVICEMEMBER- The term `servicemember' means a member of the uniformed services, as that term is defined in section 101(a)(5) of title 10, United States Code.

(2) MILITARY SERVICE- The term `military service' means--

(A) in the case of a servicemember who is a member of the Army, Navy, Air Force, Marine Corps, or Coast Guard--

(i) active duty, as defined in section 101(d)(1) of title 10, United States Code, and

(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;

Section 502(f)

. . . be ordered to perform training or other duty in addition to that prescribed under subsection (a). . . .

(2) The training or duty ordered to be performed under paragraph (1) may include the following:

(A) Support of operations or missions undertaken by the member's unit at the request of the President or Secretary of Defense.