Title 32 – Could be Covered Under Servicemembers Civil Relief Act

Title 32

The Veterans Benefit Act (section 304) says members of the National Guard includes service authorized by the president (paid from federal funds – even if overseen by the governor) for a period of more than 30 days.  Also see Title 50 USC App. §§ 511:

           ‘TITLE 50 U.S.C. 3911

Sec. 3911. Definitions
For the purposes of this Act [sections 501 to 515 and 516 to 597b of this Appendix]:

(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;

(B) in the case of a servicemember who is a commissioned officer of the Public Health Service or the National Oceanic and Atmospheric Administration, active service; and

(C) any period during which a servicemember is absent from duty on account of sickness, wounds, leave, or other lawful cause.’

It should be noted that Title 10, Section 101(d)(1) defines active “duty”, whereas Section 101(d)(3) defines active “service”.

Attorney Roy Kaufmann serves as the Director of the Servicemembers Civil Relief Act Centralized Verification Service, located in Washington, D.C. As a recognized authority on the Servicemembers Civil Relief Act, Mr. Kaufmann has published hundreds of articles and hosted many webinars. His teachings help law firms and businesses to remain compliant with the SCRA rules and regulations so as to avoid costly fines.