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American
Forces Information Service
An active duty
soldier is transferred to a new duty station that is not in his state of
residence. When he takes up residence in the city outside the
installation, he is informed he must have a city sticker on his car -
cost: $25. While paying the fee, the city clerk mentions the soldier needs
to pay personal property tax on his car - another $300. The soldier
grudgingly pays the $325 accessed fees. He just paid $324 too much, not
knowing he was only legally responsible for a $1 administrative fee.
A pilot for a major airline is called to active duty for a
six-month deployment to the Persian Gulf to fly missions over the Southern
No-Fly Zone. She leaves behind a family, a large mortgage and plenty of
credit card debt. Equally important, she leaves behind a salary her active
duty status pay could not begin to match. But when she arrives home six
months later, there are no overdue bills, her mortgage is up to date, and
her credit rating is as good as the day she left.
The difference
between the experience of the soldier transferred overseas and the pilot
sent to the Persian Gulf is that the pilot took advantage of a special
package of protections available to all service members called the
Soldiers' and Sailors' Civil Relief Act of 1940.
You may not know
it by its formal title. Indeed, it's quite possible you don't know it
exists at all. But if you are a service member on active duty, you are
under its umbrella of protection from the day you take the oath to the day
you leave military service.
It is one of the most comprehensive and
enduring packages of protection Congress has ever enacted on service
members' behalf. If you have a credit card or a mortgage, you have the
potential to benefit from the act. If you're ever involved in any type of
civil litigation, you will find the act's umbrella of protection extends
to that as well.
"Service members should have a basic understanding
of the depth of protection and their rights under this act," said Lt. Col.
Patrick Lindemann, deputy director for legal policy in DoD's Office of the
Undersecretary of Defense for Personnel and Readiness. "The act does a
great job of protecting the rights of service members. It's a significant
law for service members, especially for reserve component service members
called to active duty. Every service member needs to be aware that the act
exists so they don't potentially miss out on its protections.
Any
member of the uniformed services serving on active duty is covered under
the Act. This includes reserve component personnel called to active duty,
Coast Guard personnel, as well as officers of the Public Health Service
and the National Oceanic and Atmospheric Administration.
Despite the act's
official title dating it to 1940, its origins can be traced as far back as
the Civil War when Congress passed a total moratorium on civil actions
brought against Union soldiers and sailors. In basic terms, this meant
that any legal action involving a civil matter was put on hold until after
the soldier or sailor returned from the war. Examples of civil matters
included breach of contract, bankruptcy, foreclosure or divorce
proceedings.
Congress' intent in passing the moratorium was to
protect both national interests and those of service members. First,
Congress wanted service members to be able to fight the war without having
to worry about problems that might arise at home. Secondly, because most
soldiers and sailors during the Civil War were not well paid, it was
difficult for them to honor their pre-service debts, such as mortgage
payments or other credit.
Congressional
concern about protecting the rights of service members was raised again
during World War I when the Soldiers' and Sailors' Civil Relief Act of
1918 was passed. Like the Civil War-era moratorium, the 1918 legislation
was designed to protect the rights of service members while they were
serving in the war. Although the 1918 Act did not include a total
moratorium on civil actions, it did protect service members from such
things as repossession of property, bankruptcy, foreclosure or other such
actions while they were in harm's way.
The 1918 Act stayed in
effect until shortly after World War I, when it expired.
The
present-day statute, essentially a reenactment of the 1918 law, was passed
in 1940 to protect the rights of the millions of service members activated
for World War II. The major difference between it and the 1918 version,
other than minor modifications, was there was no provision for the Act to
expire, as it did after World War I. Thus, since 1940, service members
have received uninterrupted coverage under the Act. And indeed,
congressional commitment and support for the Act has remained so strong,
the Act has been amended more than 11 times since 1940 to keep pace with a
changing military and changing world, with the last amendments added in
1991 during the Gulf War.
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