# Examples for Issue Paper 2 - SCRA

NOTES and ASSUMPTIONS:

· DMDC is the Department of Defense’s (DoD) Defense Manpower Data Center.

· The attached DMDC certificate information provides the following:

· The active duty start date if the borrower is on active duty as of the “Active Duty Status As Of” date entered by the loan holder.  The end date is listed as “Still Serving” because the borrower is currently on active duty.

· The active duty start and end dates if the borrower is not on active duty as of the “Active Duty Status As Of” date entered by the loan holder but was on active duty within 367 days of the date entered.

· The Order Notification start and end dates for a Reservist, if applicable.

· The borrower has an outstanding balance on the DMDC process date or the date on which the loan holder receives evidence from the borrower supporting his or her active duty service.

· For a Reservist, the loan holder must use the DMDC Order Notification Start Date as the Active Duty Start Date.

· Per the Higher Education Opportunity Act (HEOA), the SCRA interest rate limitation cannot start any earlier than August 14, 2008.

· A borrower does not qualify for the SCRA interest rate limitation on a loan made during the active duty service.

· There is no deadline for a borrower to provide the lender a copy of the military orders calling the servicemember to military service despite the SCRA requirement in 50 U.S.C. app 527(b)(1).

1. Illustrates the loan holder’s use of the DMDC after July 1, 2016 using an “Active Duty Status As Of” date after July 1, 2016 and no active duty end date is indicated.

DMDC Active Duty Status As Of:August 16, 2016

DMDC Active Duty Start Date:January 8, 2009

DMDC Active Duty End Date:Still Serving

Loan holder would apply an SCRA interest rate limitation start date of January 8, 2009 and monitor monthly for an end date.

2. Illustrates the loan holder’s use of the DMDC after July 1, 2016 using an “Active Duty Status As Of” date after July 1, 2016, and through the loan holder’s subsequent monthly processing, the end date differs.

DMDC Active Duty Status As Of:September 15, 2016

DMDC Active Duty Start Date:January 8, 2009

DMDC Active Duty End Date:Still Serving

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DMDC Active Duty Status As Of:November 15, 2016

DMDC Active Duty Start Date:January 8, 2009

DMDC Active Duty End Date:September 10, 2016

3. Illustrates the loan holder’s use of the DMDC after July 1, 2016 using an “Active Duty Status As Of” date after July 1, 2016, and the active duty start date is prior to the date the borrower obtained the loan (i.e., borrower was on active duty when the loan was made).  

Loan Origination Date: September 1, 2010

Military Orders Received Date:March 1, 2015

Military Orders Signed Date:January 1, 2015

Active Duty Start Date:January 8, 2015*

Active Duty End Date:December 31, 2016

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DMDC Active Duty Status As Of:August 16, 2016

DMDC Active Duty Start Date:January 1, 2010

DMDC Active Duty End Date:Still Serving

Loan holder would initially apply an SCRA interest rate limitation start date of January 8, 2015 with an end date of December 31, 2016.  Upon processing information subsequently obtained from the DMDC, the loan holder would retroactively remove the SCRA interest rate limitation because the borrower is not eligible for the entitlement since the loan was made while the borrower was on active duty.

*This usually is a result from a change in Duty Station

4. Illustrates the loan holder’s use of the DMDC after July 1, 2016 using an “Active Duty Status As Of” date after July 1, 2016, and the end date per evidence provided by Borrower A differs from that subsequently obtained from the DMDC.  

Department of Defense Manpower Data Center                                                         Results as of : Apr-23-2015 11:44:26 AM SCRA 3.0

Last Name: SMITH

First Name: JOHN

Middle Name:   DOE

Active Duty Status As Of: Apr-23-2015

Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard).  This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER, WITHOUT A SOCIAL SECURITY NUMBER, THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO. NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY

IDENTIFY AN INDIVIDUAL.

Mary M. Snavely-Dixon, Director

Department of Defense - Manpower Data Center

4800 Mark Center Drive, Suite 04E25

Arlington, VA 22350

The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility

Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems.

The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940).  DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate.  In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PC09SLDR.html.  If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you.  See 50 USC App. § 521(c).

This response reflects the following information:  (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date.

More information on "Active Duty Status"

Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1).  Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available.  In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds.  All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support.  This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).

Coverage Under the SCRA is Broader in Some Cases

Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate.  SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1).

Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction.  The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty.

Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA

are protected

WARNING:  This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester.  Providing erroneous information will cause an erroneous certificate to be provided.

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