Operations Desert Shield and Desert Storm. Resurrection of the Soldiers' and Sailors' Civil Relief Act

• Author: by Lieutenant Colonel Gregory M Huckabee
• Pages: 07

I. INTRODUCTION

On .4ugust 2, 1990, Iraq's president, Saddam Hussem. marched his bartle-hardened forces into neighboring Kuiran m quest of 011 fieids and the liquidation of a multibillion dollar debt' FVhile border disputes are nut uncommon in the .4rab world, invasion en masse and total conquest of an independent state prev~ously was unheard of VI the Middle East. where stalemate IS the accepted norm. War clouds had circled the area for several months, but few beheved Hussein would dare strike and attempt to subjugate a ream containing one-fifth of the world's 011 supplyz

hced with a threac that could paralyze an already recession-prone national economy. the Bush Admimstratmn took immediate action to protect both United States and internarianal mterests. A successful Iraqi invasion of Saudi Arabia could result in Saddam Hussem's controlling fiftyfour percent of the world's 011 reserves.3 In the firs United States Armed Forces deployment of such size since Vietnam, active and Reserve companenr penonnel were called upon to en-force national policy and American ruill

'Judge 4diacate General 8 Corps Currently asswed w Deputy Chref. Army Legsi Asnrfance Office of The Judge ~4duaeate

General, Bashmgton D C Formerig -8gnedas Deputy Staff Judge 4diocate. C S Arm! Chemical & M~Itar) Police Cenren. ionMeClellan. Alabama. 1886-I888 Commander r

S lrmy Legal Sen

Korea, 1085 1886. idminiitratiie Law Officer Office of the Judg

Hanau Legal Center, 3d Armored earhead). Hanau Best German)

Since adoption of the total farce pohcy. which placed significant support functions and units in the Reserve component It was m - posible tc> undertake such a massire deplalmenr without actirating iesenists from all serv~ces The presidential call up of 60.000 resw iists under 10 L'SC section 677(b) on August 22, 1490. triggered a cham reaction throughout the nation that had significanr economic manpoiier, and famil) repercussions

the American citizen-soldier to arms freqoentl? rebultb 111 total cham to ciiilian business and famil) afiairs. Congress has sought to pro- i

ide these citizen-aaldien some protection through the Soldiers' and Sailurs' Ciril Relief Act (SSCRA)joint-aeriicr effort to keep faith irith the citizen soldier in d modern emrunrnent b) attempting to amend the Act-one nhose ideal has stood the test of time. but xhose armor hai ru5red and L? m need

What follows 15 the his1

11. GENESIS

The Civil Uar brought about the first major uprooting of hundreda of thousands of citizens turned soldiers While they went off to the battlefield families left behind faced the consequences ai the bread-winner's departure-mdebtedness. litigation. and foreclosures After three years of war, Congress was beaeged with entreaties for pro-

Although these amend n after 'ornplefl"" of lrncndrnmt~of

1981 P

of repair.

19911 RESURRECTION OF SSCRA

tection of sddien who had volunteered or had been drafted. On June 11, 1864, Congress responded with an act that suspended any action, cwil or criminal, against federal soldiers or sailors while they were in the Service of the Union and made them immune from service of process and This protection provided only temporary relief because it merely tolled statutes of limitations; a final reckan-ing could he demanded upon the soldier's return." Not to be out-done in protecting those who answered the call to arms. severai of the states (Gearsa, Tennessee, Alabama, and Texas, to name a few) enacted similar laws!' One South Carolina circuit judge aptly described the special relief for service memberj: "the State says to the creditor, (in a time of general distress,) you may not add to the calamity which overwhelms the land by harassing with lawsuits and sheriff's sales those who happen to be in your debt:'12

While the idea of ieaving one's family behind and marching off to war to defend local, state. or national interests is not something new to our nation, Increasing interdependence brought about by the Industrial Age created new responsibilities for Americans in the late nineteenth and twentieth centuries. Urbanization, mdustnalization, and movement of families away from hereditary localities gradually reduced the support system that prevailed m many communities.

During the period 1866 to 1914, hmlted military actions transpired. IC remained for the "Great World War" to renew the call for citizen-soldier protection On March 18. 1918, the Congress once again provided legislative relief in the form of the Soldiem' and Sadon' Ciwl Relief Act.L3 This Act wm the first comprehensive attempt to assist soldiers called to arms It was designed

to prevent prejudice or injury to their civil rights during their term of Service and to enable them to devoce their entre energ\ to the military needs of the Nation, and to this end the follawing provisions are made for the temporary suspension of legal proceedings and transactions which may prejudice the civil rights of Persons m such service during continuation of the present war"

'Act of June 11. 1864. ch 118, 13 Stat 123 (1864) x'ld"\V Robmson, mpra note 8 at 85"Id',Act of March 18 1818. ch 20. 40 Stat 440 (1818) "Id § 100

1. PERSONS PROTECTED IN 1918

   This Act proiided protection LO active and Reserie componenr military personnel. members of the Public Health and Light House Senice, and members of the Coast and Geodetic S u ~ e ? ' ~

   Specificall)

   the Act protected persons m military service against default judgments by requiring plaintiffs in courts (state and federal) to iile aifidaits stating that defendants are not m milltar) service or that they cannot determine whether they are in military senice Mditionally, the Act required appointment of an attorney to represent a service members interest before a default judgment could be entered Ib

   The Act made the intentional filing of a false affidavit punishable by imprisonment nor to exceed one year or a iine not to ex^ wed $1000, or both1- B. STAYS OF PROCEEDINGS IN 1918

   Funher protection has provided m the form oi 'tap of proceedings affecting fines and penalties, judgments and execution of c11.d actions, unless the court determined the service member's ability to conducr his or her defense was not ' matenally affected ' b? militan sen~ce.Ie

   The .4ct alm prohibited evictions without court orders for dwelhngs occupled chiefly by ser~remembers' spouses children. or other dependenrs as long as the rent did not exceed $50" Installment contract termnations and repossess~onsalso were forbidden withour a coun arder*O The laa provided guaranteed protectioli of payment of commer~ialliie murance premiums for policies %nrh face values thar did not exceed S5000

   j l

   and granted redemption rights for unpaid tares or assessmenrs extending six months after termina tion of ser~~ce

   22 The SSCRA of 1918 had a limited durarion. 11 ex- pired six months after terminatmn of the warii

   Berween m~htar) conflagrations. little 1s done to care for the Ar my m waiting In 1886, for example Congress falled To pass an ap proprlatmns bill to pa> Its soldiers. requiring them to sene aithout

   19911 RESLRRECTIOK OF SSCRA

   pay until Yovember 188i z4 Although the military was not Often neglected to that extent. the years between World \Tars saw the Depression unfold with no spec~alprotectmn available for those who marched and sailed from one post or port to another.

   111. WORLD WAR I1

   , , .... ,~

   ThenexrchaptermSSCRA hisrorynasanttenonOctober6. 1042, when the 77th Congress decided to make several major changes in protections offered members of the armed forces.'@ Tl'hlle only twenty-four months had expired since passage of the SSCRA of 1940. the impetu far change was found ~n the experience of actual hostilities

   Important prov~s~onsof the Civil Relief Act extend only to

   abhgatians arwmatmg prior to the date of Its enactment Keari) 14 months later came the attack on Pearl Harbor and rhe consequent revision of plans and change of conditions. Persons ii ha prior to December 7 . 1941, had no thought of being selected for sernce or who had been selected and discharged or placed in the Enlisted Reserve Carps suddenly found themselves in a new status and in the meantime had undertaken new obligations Experience under the Civil Relief .kt during the year and a half of its existence has ahou n additional defects that require CorreCtlon or clanflcatlo" 1'1

   What actually had occurred was that hundreds of thousands of soldiers and saiiors were being drafted or mob~lized,rhus producing significant numbers of family and economic dislocations Marenal changes in economic conditions of soldiers entermg actire dut? resulted m numerous requests for assistance Congressman Overton Brooks (D-Louisiana). member of the House Committee on Mitary Affairs uhich considered the amendments. observed on the floor of the House

   This bill springs from the desire of the people of th? Cnmd States to make sure as far as possible that men in serwce are not placed a civil disadrantage dunng their absence It sprmga from the inability of men who are in sen ice to proper^ 15 manage their normal business affairs while away It likewise arises from the differences in pa3 which a soldier recelr~s and whar the same man normally earns I" c1vlI life 31

   Differences in pay was a key factor in Congress's decision to provide special protection for indebtedness existing prior to call up to active duty The general consensus was

   The people back home feel, and this Congress feels, that the

   **Act of Om 6. 1942. ch 581 58 Stst 760 11812)'OH R Rep ho 2188 77th Cong 2d Serr I (18421Woog Rec H5553 Idally ed June I1 18421 lbfafernenl of Rep Bruok,l 146

   19911 RESURRECTION OF SSCRA

   Nation's defenders should not be compelled to fight a battle on two fronts at once-one back home and the other on the firing line facing the enemies of democracy We feel that the normal obhgatmns of the man contracted prior to service induction should be suspended as far as practicable during this tour of duty, and that the soldier should be...