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Who Is Protected by the Service Members Civil Relief Act (SCRA)?

The SCRA protects all service members on federal active duty, including:

  • Members of the U.S. Armed Forces (Army, Navy, Air Force, Marine Corps, and Coast Guard) who are on active duty service, or who are absent from duty as a result of being wounded or being granted leave
  • Reserve, National Guard, and Air Guard personnel who have been activated and are on federal active duty
  • National Guard personnel under a call or order to active duty for 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
  • Commissioned officers of the Public Health Service and National Oceanic and Atmospheric Administration in active military service.

Actual deployment while in active military service is not a prerequisite to qualify for the protections of the SCRA.

The SCRA does not apply to:

  • DoD civilians
  • Contract employees
  • Military retirees
  • Military Dependents (most of its provisions do not apply to military dependents directly)

As originally enacted, the Soldiers’ and Sailors’ Civil Relief Act (SSCRA) only applied to judicial proceedings. Now under the SCRA, these protections also cover administrative procedures, such as the administrative child support enforcement remedies mandated under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.