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

[Tony]

I hope supervisors share this with their troops...

 

CLASSIFICATION: UNCLASSIFIED//

ROUTINE

R 121521Z OCT 23 MID600053395521U

FM SECNAV WASHINGTON DC

TO ALNAV

INFO SECNAV WASHINGTON DC
CNO WASHINGTON DC
CMC WASHINGTON DC

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ALNAV 081/23

MSGID/GENADMIN/SECNAV WASHINGTON DC/-/OCT//

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

REF/A/50 U.S.C. Section 3916//

REF/B/50 U.S.C. Section 3938a//

NARR/REF A IS 50 UNITED STATES CODE SECTION 3916, SERVICEMEMBERS CIVIL RELIEF 
ACT.  REF B IS 50 UNITED STATES CODE SECTION 3938a, SERVICEMEMBERS CIVIL 
RELIEF ACT//

RMKS/1.  In accordance with references (a) and (b), this ALNAV serves as an 
annual notice of the protections available to Service Members and their 
dependents under the Servicemembers Civil Relief Act (SCRA).  Leaders will 
take immediate action to ensure widest dissemination of this information.

2.  In January 2023, Congress amended the SCRA to provide additional 
protections to Service Members and their spouses as follows:
    a.  Installment contracts and commercial mobile services
    b.  Telephone exchange services
    c.  Internet access services
    d.  Multichannel video programing services
    e.  Gym membership or fitness programs
    f.  Home security services, may now be terminated by a Service Member, 
spouse, or dependent at any time after:
        (1)  The date the Service Member receives military orders to relocate 
for a period of not less than 90 days to a location that does not support the 
contract; or
        (2)  The date the Service Member, while in military service, receives 
military orders for a permanent change of station, thereafter enters into the 
contract, and then receives a stop movement order issued by the Secretary of 
Defense or the Secretary of Homeland Security in response to a local, 
national, or global emergency, effective for an indefinite period or for a 
period of not less than 30 days, that prevents the Service Member from using 
the services provided under the contract.
    g.  For any taxable year of a marriage, a Service Member and their spouse 
may elect to use for taxation purposes, regardless of the date of the 
marriage, any of the following:
        (1)  The residence or domicile of the Service Member;
        (2)  The residence or domicile of the spouse; or
        (3)  The permanent duty station of the Service Member.
    h.  When a Service Member or their spouse has a professional license and 
must relocate due to military orders to a location outside of the 
jurisdiction of the licensing authority, their professional license is now 
also valid in the jurisdiction of their new residency, subject to a number of 
administrative prerequisites.
Law licenses are not covered under this provision.

3.  Other rights and protections available to Service Members and their 
dependents under the SCRA:
    a.  The maximum amount of interest creditors can charge on certain 
financial obligations incurred prior to military service cannot exceed six 
percent per year.
    b.  In any civil proceeding where the defendant is aware of the 
proceeding but current military duty requirements materially affect their 
ability to appear in court, the Service Member can request the court delay 
the proceedings.
    c.  In any civil proceeding where a defendant 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
    d.  The plaintiff is unable to determine the military status of the 
defendant after a good faith search effort.
    e.  A court is prohibited from making permanent revisions to a custody 
order based solely on a Service Member's pending or potential military 
deployment.
    f.  Landlords and property managers cannot evict Service Members or their 
dependents during a period of military service without a court order.
    g.  During a period of military service and for 1 year after the period 
of military service, creditors cannot foreclose on a Service Member's 
mortgage without first obtaining a court order.
    h.  If a Service Member 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 Service Member's period of military service without a 
court order.
    i.  During a period of military service and for 90 days thereafter, any 
lien against the property or the personal effects of a Service Member cannot 
be enforced without a court order.
    j.  During a period of military service or within 180 days of termination 
of or release from military service, Service Members can apply to a court for 
relief from any obligation or liability incurred before the Service Member's 
military service or from a tax or assessment becoming due before or during 
the military service.
If the Service Member's ability to comply with the obligation or to pay such 
tax has been materially affected by reason of military service, the court may 
stay enforcement of certain real estate contracts or any other obligations, 
liabilities, taxes, or assessments.
    k.  Service Members 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.

4.  Service Members 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/rlso/.  For the 
Marine Corps, visit the website of the nearest Marine Corps installation.

5.  Released by the Honorable Carlos Del Toro, Secretary of the Navy.//

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CLASSIFICATION: UNCLASSIFIED//