DOWNLOAD PDF RELIEF OF CERTAIN OFFICERS OF THE ARMY OF THE UNITED STATES, AND FOR OTHER PURPOSES.

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1 Chapter 1 : Uniformed services pay grades of the United States - Wikipedia For the relief of certain disbursing officers of the Army of the United States and for the settlement of individual claims approved by the War Department. Be it enacted by the Senate and House of Representatives of the. With the outbreak of the Korean War, concerns over the defense of Western Europe rose. Hundreds of thousands of U. The Korean War began in, when the Soviets walked out of a U. Security Council meeting, removing their possible veto. Under a United Nations umbrella, hundreds of thousands of U. Army due to the use of drafted personnel, the unpopularity of the war with the U. On a tactical level, U. Army infantry patrol moves up to assault the last North Vietnamese Army position at Dak To, South Vietnam during Operation Hawthorne During the s, the Department of Defense continued to scrutinize the reserve forces and to question the number of divisions and brigades as well as the redundancy of maintaining two reserve components, the Army National Guard and the Army Reserve. The loss of the divisions did not sit well with the states. Their objections included the inadequate maneuver element mix for those that remained and the end to the practice of rotating divisional commands among the states that supported them. Under the proposal, the remaining division commanders were to reside in the state of the division base. However, no reduction in total Army National Guard strength was to take place, which convinced the governors to accept the plan. The states reorganized their forces accordingly between 1 December and 1 May President should be able to take the United States and more specifically the U. Army to war without the support of the U. The army converted to an all-volunteer force with greater emphasis on training and technology. The Goldwater-Nichols Act of created unified combatant commands bringing the army together with the other four military services under unified, geographically organized command structures. By Germany was nearing reunification and the Cold War was coming to a close. Army leadership reacted by starting to plan for a reduction in strength. Army formations, to drive out Iraqi forces. The campaign ended in total victory, as Western coalition forces routed the Iraqi Army. Some of the largest tank battles in history were fought during the Gulf war. After Operation Desert Storm, the army did not see major combat operations for the remainder of the s but did participate in a number of peacekeeping activities. In the Department of Defense issued guidance for "rebalancing" after a review of the Total Force Policy, [39] but in, Air War College scholars concluded the guidance would reverse the Total Force Policy which is an "essential ingredient to the successful application of military force". Army officer killed by foreign action since the death of Lieutenant General Simon B. Army also led the combined U. It served as the primary source for ground forces with its ability to sustain short and long-term deployment operations. In the following years, the mission changed from conflict between regular militaries to counterinsurgency, resulting in the deaths of more than 4, U. In, many systems were canceled and the remaining were swept into the BCT modernization program. Page 1

2 Chapter 2 : When am I covered by the Servicemembers Civil Relief Act (SCRA)? An Act for the Relief of certain persons who, while serving as members of the Army Nurse Corps, were commissioned as officers in the Army of the United States but were not paid the full amounts of pay and allowances payable to officers of their grade and. It provides protection to members of the military against the entry of default judgments and gives the court the ability to stay proceedings against military debtors. The purpose of the SCRA is strengthen and expedite national defense by giving servicemembers certain protections in civil actions. By providing for the temporary suspension of judicial and administrative proceedings and transactions that may adversely affect servicemembers during their military service, the SCRA enables servicemembers to focus their energy on the defense of the United States. Among other things, the SCRA allows for forbearance and reduced interest on certain obligations incurred prior to military service, and it restricts default judgments against servicemembers and rental evictions of servicemembers and all their dependents. The provisions of the SCRA generally end when a servicemember is discharged from active duty or within 90 days of discharge, or when the servicemember dies. Portions of the SCRA also apply to reservists and inductees who have received orders but not yet reported to active duty or induction into the military service. Protection Against Default Judgements Section of the SCRA establishes certain procedures that must be followed in all civil proceedings in order to protect servicemember defendants against the entry of default judgements. These procedures are outlined below: If a defendant is in default for failure to appear in the action filed by the plaintiff, the plaintiff must file an affidavit 1 with the court before a default judgment may be entered. The affidavit must state whether the defendant is in the military, or that the plaintiff was unable to determine whether the defendant is in the military. The bond would indemnify the defendant against any loss or damage incurred because of the judgment if the judgment is later set aside in whole or in part. The court may not order entry of judgment against the defendant if the defendant is in the military until after the court appoints an attorney to represent the defendant. The court may, in its discretion, make further orders or enter further judgments to protect the rights of the defendant under the SCRA. If a judgment is entered against the defendant while he or she is in military service or within 60 days of discharge from military service, and the defendant was prejudiced in making his or her defense because of his or her military service, the judgment may, upon application by the defendant, be opened by the court and the defendant may then provide a defense. Before the judgment may be opened, however, the defendant must show that he or she has a meritorious or legal defense to some or all of the action. Stay of Proceedings Where Servicemember Has Notice Outside the default context, and at any time before final judgement in a civil action, a person covered by the SCRA who has received notice of a proceeding may ask the court to stay the proceeding. The court may also order a stay on its own motion. The court has discretion to grant additional stays upon further application. The court may also order the servicemember to make installment payments during any stay ordered. For example, when an action for compliance with a contract is stayed under the SCRA, contractual penalties do not accrue during the period of the stay. The SCRA also provides in most instances that a landlord cannot evict a servicemember or dependants from a primary residence without a court order. In an eviction proceeding, the court may also adjust the lease obligations to protect the interests of the parties. Under the SCRA a servicemember may terminate residential and automotive leases if he or she is transferred after the lease is made. Applicability to Bankruptcy Proceedings The language of the SCRA states that it is generally applicable in any action or proceeding commenced in any court. Therefore, absent contravening language with respect to bankruptcy proceedings, the SCRA applies to all actions or proceedings before a bankruptcy court. For example, the advisory committee note to Federal Rule for default judgments, Fed. Thus, the default judgment protections of the SCRA clearly apply in bankruptcy cases. Bankruptcy Procedural Forms B, BA, and BB, and their accompanying instructions, provide additional guidance concerning the applicability of the SCRA to default Page 2

3 judgments and related procedural requirements. NOTES The requirement for an affidavit may be satisfied by a statement, declaration, verification, or certificate in writing subscribed and certified or declared to be true under penalty of perjury. The advisory committee note to Fed. Section of the Act [50 U. Page 3

4 Chapter 3 : The Salvation Army International - About Us Miscellaneous bills: hearing before the Committee on Armed Services, United States Senate, Eighty-eighth Congress, second session on H.R., authorizing reserve officers to combine service in more than one reserve component in computing the four years of satisfactory federal service necessary to quality for the uniform maintenance allowance; H.R., to clarify the status of members of. See Civil Rights Division. The SCRA is a federal law that provides protections for military members as they enter active duty. It covers issues such as rental agreements, security deposits, prepaid rent, evictions, installment contracts, credit card interest rates, mortgage interest rates, mortgage foreclosures, civil judicial proceedings, automobile leases, life insurance, health insurance and income tax payments. Previously found at codified and cited as 50 U. Restated, the SCRA should generally be read in favor of the servicemembers it is intended to protect. The Attorney General may also file such a suit where the facts at hand raise "an issue of significant public importance. When the Attorney General files a lawsuit under the SCRA, he has the authority to seek monetary damages on behalf of individual servicemembers. The Attorney General also has the authority to seek civil penalties, equitable relief, and declaratory relief. In order to have an individual SCRA case reviewed by the Department of Justice, non-attorneys must first seek the assistance of a military legal assistance office. See Housing and Civil Enforcement Section. If that office cannot resolve the complaint, it may choose to forward the complaint to the Department. The Department then will review the matter to determine whether action by the United States is appropriate. The SCRA provides a wide range of benefits and protections to those in military service. Military service is defined under the SCRA as including: Servicemembers absent from duty for a lawful cause or because of sickness, wounds or leave are covered by the SCRA. For most servicemembers, SCRA protections begin on the date they enter active duty military service. For military reservists, protections begin upon the receipt of certain military orders. For questions involving areas of the SCRA not addressed below, please feel free to contact us. Benefit and Protection No. The SCRA limits the amount of interest that may be charged on certain financial obligations that were incurred prior to military service to no more than six percent per year, including most fees. In order to have the interest rate on a financial obligation such as a credit card or a mortgage capped at six percent per year, a servicemember must provide the creditor with a copy of his or her military orders and a written notice. In response, a creditor must forgive â not defer â interest greater than six percent per year. The creditor must forgive this interest retroactively. The creditor is also prohibited from accelerating the payment of principal in response to a properly made request for a six percent interest rate cap. For mortgages, interest is capped at six percent during the entire period of military service and for one year after the period of military service. For all other obligations, interest is capped at six percent only for the duration of the period of military service. John Doe takes out a mortgage and then enters military service. Captain John Doe is in military service continuously for 20 years. Captain Doe provides his creditor with a written notice and a copy of all of his military orders. The creditor must forgive the entire 20 years of interest that was at a rate greater than six percent â inclusive of fees â and an additional year of interest going forward. See, generally, 50 U. The following types of financial obligations, among others, are currently eligible for the six percent SCRA interest rate benefit: John Doe takes out five private student loans prior to entering into military service. After entering military service, Servicemember Doe consolidates his five loans into one loan. He sends in a written notice and a copy of his military orders. Is Servicemember Doe entitled to the six percent interest rate cap? Only for the period of time between when he entered military service and when he consolidated his private student loans. In any civil court proceeding in which the defendant servicemember does not make an appearance, a plaintiff creditor must file an affidavit with the court stating one of three things: This comes up most frequently for the Department of Justice in the context of judicial foreclosure proceedings. The way in which the SCRA treats the two types of foreclosure proceedings is very different, see 50 U. This database may be Page 4

5 located online at: The SCRA states that for civil court proceedings where a defendant servicemember has not made an appearance and it seems that he or she is in military service, a court may not enter a default judgment against that defendant until after it appoints an attorney to represent the interests of that defendant servicemember. The court must stay a civil court proceeding for at least 90 days if that appointed attorney has been unable to contact the defendant servicemember, or if there may be a defense to the action that requires that the defendant be present. The tail coverage period described above has changed over time. The following is a summary of the tail coverage period over the years under 50 U. December 19, to July 29, â 90 days July 30, to February 1, â Nine months February 2, to December 31, â One year January 1, to March 30, â 90 days. This extended the tail coverage period for non-judicial foreclosures back to one year, and made this change retroactive to January 1, If a servicemember pays rent on a monthly basis, once he or she gives proper notice and a copy of his or her military orders, then the lease will terminate 30 days after the next rent payment is due. She gives her landlord written notice of her intent to terminate her apartment lease and a copy of her PCS orders on September 18th. Her next rent payment is due on October 1st. The effective date of the lease termination will be Halloween â October 31st. Chapter 4 : The Servicemembers Civil Relief Act (SCRA) SERVICEMEMBERS Department of Justice An act to authorize additional Reserve Officers' Training Corps scholarships for the Army, to authorize the Secretary of the Army to provide that cadets awarded such scholarships may serve their obligated period of service in the Army Reserve or Army National Guard of the United States, to authorize the Secretary concerned to require an. Chapter 5 : United States Army - Wikipedia Mr. Nelson's motion for the relief of certain officers and soldiers of the late Revolutionary army, and present army of the United States. Chapter 6 : General (United States) - Wikipedia Under the SCRA, for members of Army, Navy, Air Force, Marine Corps, or Coast Guard, "military service" is defined as serving on active duty under Title 10 section (d)(1) of the United States Code. Chapter 7 : Servicemembers' Civil Relief Act (SCRA) United States Courts section (f) of title 32, United States Code, for purposes of responding to a national emergency declared by the President and supported by Federal funds â Active service members of the commissioned corps of the Public Health Service and the National. Page 5