Sunday, June 28, 2020

SCRA (Servicemembers Civil Relief Act) for Army National Guard


Q: Are National Guard Soldiers Covered Under SCRA?

A: Yes, under two circumstances:

  1. When you are on a Title 10 order.
    • When will a National Guard Solider be on a Title 10 order? When you deploy overseas, or when you go on a mandatory training such as BOLC for commissioned officers. See towards the bottom of your order, and under "AUTH" you will see "10 USC..." if you are on a Title 10 order.

  2. When you are "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" (from SCRA Website FAQs: https://scra.dmdc.osd.mil/scra/#/faqs)
    • Your drills, annual trainings, or State Active Duty (SAD) orders aren't covered under SCRA.
      • For an example, look at the bottom of your AT order. Under "FOR ARMY USE", you will see "Auth: 32 USC 502(a)". Your AT order is under section 502(a) of title 32, not 502(f) that covers you under the SCRA.
    • When you are under an ADOS order or you are an AGR, your title 32 order is under section 502(f). However, SCRA does specify that even under 502(f), you must be on the order "for purposes of responding to a national emergency declared by the President and supported by Federal funds". So for most part, you aren't covered.
    • One good example for when you are covered under SCRA as a National Guard Soldier:
      • COVID-19 breaks out in 2020. You are called into duty by your governor, whether to do contact tracing, riot control, packing food at food banks, or assisting with backed up unemployment claims. Your Task Force command team figures out that you will be there more more than a month, and request the authorization to put you under Title 32 order instead of the SAD order. In this case, you are responding to a national emergency declared by the President, so you will be covered under SCRA.

In short, SCRA usually doesn't cover National Guard Soldiers.

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