Updates to law increase legal protections for Airmen

  • Published
  • By the 49th Wing Legal Office
HOLLOMAN AIR FORCE BASE, N.M. --  Many Airmen know that there are special benefits and protections based on their status as members of the U.S. Armed Forces; however many are not aware of the nature and extent of these protections.

The Servicemembers Civil Relief Act (SCRA) is a federal law that provides a variety of protections to Airmen and their families.

On Oct. 13, 2010, new changes were made to provide increased protections under SCRA. These changes include increased rights to terminate cellular phone contracts when service is degraded because of a permanent change of station to a new location or if the member deploys. The right extends to family plans as well as the service member's own contract.

Another important development comes in regard to termination of residential and automobile leases.

Under the new SCRA changes, the language has been clarified with regard to both. Thus, as with cell phone contracts, Airmen who are deploying or PCSing usually have the right to terminate most leases irrespective of the inclusion of a so-called "military clause" in the lease.

Most importantly, the new updates to the law clarify that there is what is called a "private right of action" for violations of the SCRA.

This means that if an Airman's rights under the SCRA are violated, the Airman can sue the violator himself and recover damages rather than having to rely on the government to do so. While every situation is different, this more robust right to sue will likely prove an effective tool to help Airmen and their families protect their rights under SCRA.

For more information on SCRA or other legal issues see the Air Force Legal Assistance Website at https://aflegalassistance.law.af.mil or call the Legal Office for an appointment at 575-572-7217.