SERVICEMEMBERS CIVIL RELIEF ACT

CROSS REFERENCE:  SOLDIERS' AND SAILORS' CIVIL RELIEF ACT

REVISE PATTERN LETTERS

Background:  The Soldiers' and Sailors' Civil Relief Act (SSCRA) of 1940 originated in World War I and was amended by Public Law 108-189 on December 19, 2003.  This new Law is named the "Servicemembers'Civil Relief Act"(SCRA).  In brief, it revises the SSCRA and provides servicemembers certain additional rights and protections against default judgements, such as payment of certain taxes, fines, penalties, insurance premiums and other civil obligations or liabilities.  It also prohibits certain evictions and contract terminations, and increases life insurance coverage protection.  In civil proceedings, these rights may be referred to as "material effect".

*NOTE:  NPRC does NOT provide documentation of material effect upon the service member, therefore, SCRA inquiries should be processed as shown in paragraph 2 below:

  1. RECOGNIZING SCRA INQUIRIES:  SCRA inquiries:

    1. May be mistaken as a request for a statement of service (SOS).  The majority of these inquiries originate from law offices and regard civil court proceedings.  The inquiry may, or may not reference SSCRA or the revised SCRA.

    2. May indicate the need for substantiating proof that a person does or does not have military service.  If the inquiry originates from a law office or otherwise requests service certification, verification, or substantiating proof that the individual is/is not or has/has not been a member of the Armed Forces, it is most likely an SCRA case.

    3. Often involve individuals recently discharged.  Record searches in many cases may be negative, since NPRC does not receive the service record from the military service departments for up to 90 days following discharge.

  2. PROCESSING SSCRA INQUIRIES:  When an inquiry is determined to be SCRA related:

    1. Do not provide a statement of service (SOS).  A SOS or a letter indicating the individual cannot be identified as a member/former member of the military is not substantiating evidence of military service (or lack thereof) in SCRA cases.  This type of response to a law office will only generate another request to verify service to this center.

    2. Return the inquiry to the requester.  SCRA cases should be returned to the requester.  Access the SCRA pattern letter, obtained through the Referral category.  The pattern letter requires entry of the appropriate branch of service if known.  If branch of service is unknown, provide all branches of service addresses to the requester in your reply.