Active military members (including reservists, National Guardsmen, commissioned officers of the Public Health Service and of the National Oceanic and Atmospheric Administration who are in active federal service).Dependents of these people are eligible for some of the benefits of the Act if the dependents obtain a court order by demonstrating that the dependent's ability to comply with a lease, contract, bailment, or other obligation is materially affected by reason of the servicemember's military service. See SCRA Section 3959.
"Active duty" for armed services is defined in 10 U.S.C. § 101(d)(1) as "fulltime duty in the active military service of the United States ... [including] 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." "Active military service" is not further defined in Section 101 of Title 10, U.S. Code, although active service is given the meaning service on active duty or full-time National Guard duty in Section 101(d)(3).
Under the SCRA, persons on active duty and attending a service school are covered, while persons attending training prior to entering active duty, such as officer candidates, may not be covered. It is unclear, for example, whether "active military service" under 10 U.S.C. § 101(d) covers training as a member of the Reserve Officer Training Corps or attendance at a military academy.
Dependents' eligibility for protection under the SCRA is only achieved if the dependents obtain a court order by demonstrating that the dependent's ability to comply with a lease, contract, bailment, or other obligation is materially affected by reason of the servicemember's military service. See SCRA Section 3959.
"Dependent" is defined as a servicemember's spouse or child (as defined for purposes of veterans benefits, in 38 U.S.C. Section 101, or another individual for whom the servicemember provided more than one half of the support in the 180 days prior to an application for relief under the act. This language appears to codify courts' treatment of the term "dependent" as relating to financial dependency rather than strict familial relationships. 38 U.S.C. Section 101(4) defines child as a person who is unmarried and under the age of eighteen; who before attaining the age of eighteen became permanently incapable of self-support; or who after attaining the age of eighteen and until completion of education or training (but not after attaining the age of twenty-three) is pursuing a course of instruction at an approved educational institution; and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran's household or was a member at the time of the veteran's death, or an illegitimate child but, as to the alleged father, only if acknowledged in writing signed by him, or if he has been judicially ordered to contribute to the child's support or has been, before his death, judicially decreed the father of such child, or if he is otherwise shown by evidence to be the father of the said child.
"Military Service" is defined in the Servicemembers Civil Relief Act at 50 U.S.C. App. 511 (2) as follows:
(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 [see above], 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 (note that the DMDC does not report periods of service that are less than 30 days in duration);
(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.
"Military service" is mentioned in 10 U.S.C. § 101(d)(1), but not actually defined in that Title.
Note that some protections extend for a period of time AFTER active military duty (i.e. the 6% interest rate cap lasts for one year after termination and proscriptions against foreclosure also extend after the Active Duty End Date).
Also, see FAQ on Call-Up to Active Duty for other relevant information.
Servicemembers who wish to confirm their entitlement to SCRA benefits should seek legal assistance. A good resource can be found HERE.