Date
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J 19 X Add MA
Category
Joint
State
Massachusetts
Type Draft
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State Association First Name
Ryan
State Association Last Name
Peterson
Proposal Statement
Expanding applicability and entitlements afforded to the National Guard under the Servicemembers Civil Relief Act (SCRA) by striking Section 511(2)(ii) and inserting the definition of "National Guard" as defined by U.S.C. Title 32, Section 101.
Recommendation Information
The Servicemember's Civil Relief Act (SCRA) expanded and improved the former Soldiers' and Sailors' Civil Relief Act (SSCRA). The SCRA provides a wide range of protections for military members; but it is limited to only Active Duty members under Title 10 of the United States Code, it does not provide any benefits or protections for any members of the National Guard not on Title 10, including those called for Active Service under Title 32, for Active Guard Reserve (AGR) duties.
The SCRA is intended to postpone or suspend certain civil obligations to enable service members to devote their attention to duty and relieve stress on the family members.
Given that the National Guard is a fully Operational Reserve of the United States these protections would only serve to enhance recruiting and retention of National Guard members, and afford them the same rights and protections as Title 10 servicemembers.
The current definition as found in Title 50 of the United States Code narrowly and specifically limits members of the National Guard. This resolution would remove those limits and include within the definitions of Title 50 all members of the National Guard as defined by Title 32 of the United States Code.
Update The Servicemembers Civil Relief Act (SCRA) Section 101, Title 50 United States "Definitions" to remove Section 101, (2)(A)(ii) entirely, and replace it with a definition to include members of the "National Guard" as a defined by Section 101(3) of United States Code 32 for all applicability and entitlements of protection afforded by the SCRA.
The SCRA is intended to postpone or suspend certain civil obligations to enable service members to devote their attention to duty and relieve stress on the family members.
Given that the National Guard is a fully Operational Reserve of the United States these protections would only serve to enhance recruiting and retention of National Guard members, and afford them the same rights and protections as Title 10 servicemembers.
The current definition as found in Title 50 of the United States Code narrowly and specifically limits members of the National Guard. This resolution would remove those limits and include within the definitions of Title 50 all members of the National Guard as defined by Title 32 of the United States Code.
Update The Servicemembers Civil Relief Act (SCRA) Section 101, Title 50 United States "Definitions" to remove Section 101, (2)(A)(ii) entirely, and replace it with a definition to include members of the "National Guard" as a defined by Section 101(3) of United States Code 32 for all applicability and entitlements of protection afforded by the SCRA.
Resolution No.
19
Item No
X
Fiscal Year
2018
Task Force
Personnel/Medical