ANNUAL NOTICE OF SERVICEMEMBERS CIVIL RELIEF ACT PROTECTIONS TO MILITARY MEMBERS AND THEIR DEPENDENTS

[Tony]

UNCLASSIFIED// 
ROUTINE 
R 201501Z APR 21 MID200000776593U 
FM SECNAV WASHINGTON DC 
TO ALNAV 
INFO SECNAV WASHINGTON DC 
CNO WASHINGTON DC 
CMC WASHINGTON DC 
BT 
UNCLAS 
 
ALNAV 029/21 
 
MSGID/GENADMIN/SECNAV WASHINGTON DC/-/APR// 
 
SUBJ/ANNUAL NOTICE OF SERVICEMEMBERS CIVIL RELIEF ACT PROTECTIONS TO MILITARY 
MEMBERS AND THEIR DEPENDENTS// 

REF A/50 U.S.C. SECTION 3915// 
REF B/50 U.S.C. SECTION 3916// 
REF C/50 U.S.C. SECTION 3938A// 
 
NARR/REF A IS 50 UNITED STATES CODE SECTION 3915, SERVICEMEMBERS CIVIL RELIEF 
ACT.  REF B is 50 UNITED STATES CODE SECTION 3916, SERVICEMEMBERS CIVIL 
RELIEF 
ACT.  REF C is 50 UNITED STATES CODE SECTION 3938A, SERVICEMEMBERS CIVIL 
RELIEF ACT// 
 
RMKS/1.  In accordance with references (a) through (c), this ALNAV serves as 
an annual notice of the protections available to Service Members (SMs) and 
their dependents under the Servicemembers Civil Relief Act (SCRA).  Leaders 
will take immediate action to ensure widest dissemination of the information 
contained in this ALNAV. 
 
2.  Of significant importance, Congress amended the SCRA in August 2020 to 
extend lease protections to SMs who were or are unable to proceed on their 
military orders due to a Stop Movement Order (SMO) issued on March 1, 2020, 
by the Secretary of Defense (SECDEF).  The following protections apply: 
    a.  Property (premises) leases may be terminated if they were executed by 
or on behalf of a person who thereafter and during the term of the lease: 
        (1) Enters military service; 
        (2) While in the military service, executes the property lease and 
thereafter receives military orders for a permanent change of station (PCS) 
or to deploy with a military unit, or as an individual in support of a 
military operation, for a period of not less than 90 days; or 
        (3) While in the military service, executes a property lease at their 
new Permanent Duty Station after receipt of a PCS or orders to deploy with a 
military unit, or as an individual in support of a military operation, for a 
period of not less than 90 days, but are unable to occupy the premises due to 
a SMO issued by the SECDEF. 
    b.  Motor vehicle leases may be terminated if they were executed by or on 
behalf of a person who thereafter and during the term of the motor vehicle 
lease: 
        (1) Enters the military service under a call or order for a period of 
not less than 180 days; or 
        (2) Enters the military service under a call or order of less than 
180 days and who, without a break in service, receives orders extending the 
period of military service to not less than 180 days; or 
        (3) While in the military service, executes a motor vehicle lease and 
thereafter receives PCS orders from a location in the continental United 
States to a location outside the continental United States or from a location 
in a state outside the continental United States to any location outside that 
state, or receives orders to deploy with a military unit, or as an individual 
in support of a military operation, for a period of not less than 180 days; 
or 
        (4) Executes a motor vehicle lease upon receipt of military orders 
described in section 2.b, and thereafter is unable to use the motor vehicle 
for personal or business transportation due to a SMO issued by the SECDEF. 
 
3.  Other rights and protections available to SMs and their dependents under 
the SCRA: 
    a.  The maximum amount of interest creditors can charge SMs on certain 
financial obligations incurred prior to military service cannot exceed six 
percent per year. 
    b.  In any civil proceeding where the defendant SM is aware of the 
proceeding but current military duty requirements materially affect the SMs 
ability to appear in court, the SM can request the court delay the 
proceedings. 
    c.  In any civil proceeding where a defendant SM is not aware of the 
proceeding, the plaintiff must file a court affidavit stating the defendant 
is either:  (1) in the military service; (2) not in the military service; or 
(3) the plaintiff is unable to determine the military status of the defendant 
after a good faith search effort. 
    d.  A court is prohibited from making permanent revisions to a custody 
order based solely on a SMs pending or potential military deployment. 
    e.  Landlords and property managers cannot evict SMs or their dependents 
during a period of military service without a court order. 
    f.  During a SMs period of military service, and for one year after the 
period of military service, creditors cannot foreclose on a SMs mortgage 
without first obtaining a court order. 
    g.  If the SM paid a deposit on a vehicle or made at least one 
installment payment on a vehicle loan, a creditor cannot repossess the 
vehicle during the SMs period of military service without a court order. 
    h.  During the period of a SMs military service and for 90 days 
thereafter, any lien against the property or the personal effects of a SM 
cannot be enforced without a court order. 
    i.  During the period of military service or within 180 days of 
termination of or release from military service, SMs can apply to a court for 
relief from any obligation or liability incurred before the SMs military 
service or from a tax or assessment becoming due before or during the SMs 
military service.  If the SMs ability to comply with the obligation or pay 
such tax has been materially affected by reason of military service, the 
court may stay enforcement of certain real estate contracts, any other 
obligations, liabilities, tax, or assessments. 
    j.  SMs shall neither lose nor acquire residency or domicile for tax or 
voting purposes in a state if their presence in such state is solely for 
compliance with military orders. 
    k.  Spouses of SMs shall neither lose nor acquire residency or domicile 
for tax or voting purposes in a state if their presence in such state is 
solely to co-locate with the SM.  For any taxable year of the marriage 
starting in 2018, the spouse of a SM may elect to use the same residence for 
tax purposes as the SM regardless of the date on which the marriage occurred. 
 
4.  SMs or their dependents who want to know more about their SCRA rights and 
protections should contact their local Legal Assistance Office (LAO) for a 
free legal consultation.  Telephone consultations are available.  Local Navy 
LAOs can be located by visiting https://www.jag.navy.mil/legal_services/legal
_services_locator_rlso.htm#COMMAND.  For the Marine Corps, visit the website 
for the nearest Marine Corps installation. 
 
5.  The Legal Assistance Division of the Office of the Judge Advocate General 
(Code 16) provides Navy-wide advice on SCRA and related issues.  Please 
contact Code 16 at (202) 685-4639/DSN 325 or kathlene.somerville@navy.mil. 
For the Marine Corps, contact Ms. Mary Hostetter, mary.hostetter@usmc.mil or 
(703) 692-7442. 
 
6.  Released by the Honorable Thomas W. Harker, Acting Secretary of the 
Navy.// 
 
BT 
#0001 
NNNN 
UNCLASSIFIED//