UNCLASSIFIED// ROUTINE R 201501Z APR 21 MID200000776593U FM SECNAV WASHINGTON DC TO ALNAV INFO SECNAV WASHINGTON DC CNO WASHINGTON DC CMC WASHINGTON DC BT UNCLAS ALNAV 029/21 MSGID/GENADMIN/SECNAV WASHINGTON DC/-/APR// SUBJ/ANNUAL NOTICE OF SERVICEMEMBERS CIVIL RELIEF ACT PROTECTIONS TO MILITARY MEMBERS AND THEIR DEPENDENTS// REF A/50 U.S.C. SECTION 3915// REF B/50 U.S.C. SECTION 3916// REF C/50 U.S.C. SECTION 3938A// NARR/REF A IS 50 UNITED STATES CODE SECTION 3915, SERVICEMEMBERS CIVIL RELIEF ACT. REF B is 50 UNITED STATES CODE SECTION 3916, SERVICEMEMBERS CIVIL RELIEF ACT. REF C is 50 UNITED STATES CODE SECTION 3938A, SERVICEMEMBERS CIVIL RELIEF ACT// RMKS/1. In accordance with references (a) through (c), this ALNAV serves as an annual notice of the protections available to Service Members (SMs) and their dependents under the Servicemembers Civil Relief Act (SCRA). Leaders will take immediate action to ensure widest dissemination of the information contained in this ALNAV. 2. Of significant importance, Congress amended the SCRA in August 2020 to extend lease protections to SMs who were or are unable to proceed on their military orders due to a Stop Movement Order (SMO) issued on March 1, 2020, by the Secretary of Defense (SECDEF). The following protections apply: a. Property (premises) leases may be terminated if they were executed by or on behalf of a person who thereafter and during the term of the lease: (1) Enters military service; (2) While in the military service, executes the property lease and thereafter receives military orders for a permanent change of station (PCS) or to deploy with a military unit, or as an individual in support of a military operation, for a period of not less than 90 days; or (3) While in the military service, executes a property lease at their new Permanent Duty Station after receipt of a PCS or orders to deploy with a military unit, or as an individual in support of a military operation, for a period of not less than 90 days, but are unable to occupy the premises due to a SMO issued by the SECDEF. b. Motor vehicle leases may be terminated if they were executed by or on behalf of a person who thereafter and during the term of the motor vehicle lease: (1) Enters the military service under a call or order for a period of not less than 180 days; or (2) Enters the military service under a call or order of less than 180 days and who, without a break in service, receives orders extending the period of military service to not less than 180 days; or (3) While in the military service, executes a motor vehicle lease and thereafter receives PCS orders from a location in the continental United States to a location outside the continental United States or from a location in a state outside the continental United States to any location outside that state, or receives orders to deploy with a military unit, or as an individual in support of a military operation, for a period of not less than 180 days; or (4) Executes a motor vehicle lease upon receipt of military orders described in section 2.b, and thereafter is unable to use the motor vehicle for personal or business transportation due to a SMO issued by the SECDEF. 3. Other rights and protections available to SMs and their dependents under the SCRA: a. The maximum amount of interest creditors can charge SMs on certain financial obligations incurred prior to military service cannot exceed six percent per year. b. In any civil proceeding where the defendant SM is aware of the proceeding but current military duty requirements materially affect the SMs ability to appear in court, the SM can request the court delay the proceedings. c. In any civil proceeding where a defendant SM 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; or (3) the plaintiff is unable to determine the military status of the defendant after a good faith search effort. d. A court is prohibited from making permanent revisions to a custody order based solely on a SMs pending or potential military deployment. e. Landlords and property managers cannot evict SMs or their dependents during a period of military service without a court order. f. During a SMs period of military service, and for one year after the period of military service, creditors cannot foreclose on a SMs mortgage without first obtaining a court order. g. If the SM 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 SMs period of military service without a court order. h. During the period of a SMs military service and for 90 days thereafter, any lien against the property or the personal effects of a SM cannot be enforced without a court order. i. During the period of military service or within 180 days of termination of or release from military service, SMs can apply to a court for relief from any obligation or liability incurred before the SMs military service or from a tax or assessment becoming due before or during the SMs military service. If the SMs ability to comply with the obligation or pay such tax has been materially affected by reason of military service, the court may stay enforcement of certain real estate contracts, any other obligations, liabilities, tax, or assessments. j. SMs 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. k. Spouses of SMs shall neither lose nor acquire residency or domicile for tax or voting purposes in a state if their presence in such state is solely to co-locate with the SM. For any taxable year of the marriage starting in 2018, the spouse of a SM may elect to use the same residence for tax purposes as the SM regardless of the date on which the marriage occurred. 4. SMs 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/legal _services_locator_rlso.htm#COMMAND. For the Marine Corps, visit the website for the nearest Marine Corps installation. 5. The Legal Assistance Division of the Office of the Judge Advocate General (Code 16) provides Navy-wide advice on SCRA and related issues. Please contact Code 16 at (202) 685-4639/DSN 325 or kathlene.somerville@navy.mil. For the Marine Corps, contact Ms. Mary Hostetter, mary.hostetter@usmc.mil or (703) 692-7442. 6. Released by the Honorable Thomas W. Harker, Acting Secretary of the Navy.// BT #0001 NNNN UNCLASSIFIED//