A MESSAGE FROM THE COMMANDANT OF THE MARINE CORPS

For ten years now, our Corps has been engaged in continuous combat operations
against those who threaten the security of America and our allies. We turned the tide in
the Anbar province of Iraq and continue to see success today in southwest Afghanistan.
While it has come at a cost. .. we have much to be proud of.

This past year in operations around the world including humanitarian disaster
relief, counter-piracy, theater security cooperation, special operations, counter-insurgency
and many more, you continued to solidify our place as America’s Expeditionary Force in
Readiness. Since the Continental Congress created two battalions of Marines 236 years
ago, our legacy as an ever-ready, ever capable, victory producing organization remains
intact.

Our rich heritage of selfless service and fidelity to Nation and to one another lives
on in all who currently wear the Eagle, Globe and Anchor – those who have answered the
clarion call to duty with remarkable courage, dedication and unshakable resolve that
Marines are so well known for. To all Marines – past and present – and especially to our
families … I extend my deep gratitude for all you have done and all you continue to do.
As we celebrate our 236th birthday, let us look forward to future challenges whatever
they may be – and reaffirm our pledge to be America’s premier crisis response
force; to be the first to fight… Always ready for the toughest and most challenging
assignments.

Happy 236th Birthday, Marines!
Semper Fidelis,
JAMES F. AMOS
General, US Marine Corps

There are colors that represent almost any cause you can think of. The more common colors are red for AIDS and HIV awareness, black for POW/MIA, blue for DUI, the jigsaw pattern representing autism and yellow to show support for our military. I think it’s safe to say most of us aboard the Combat Center wear a yellow ribbon.

What other color ribbon do you wear? As a breast cancer survivor, I also wear a pink ribbon. According to the American Cancer Society, there will be an estimated 288,130 women diagnosed with breast cancer in 2011 in the United States. An estimated 39,520 will die from the disease. That’s nearly double the population of Twentynine Palms.

Breast cancer is one of the most common types of cancer among women, skin cancer being the most common. Breast cancer is also the second leading cancer death among women, the first being lung cancer.

Unlike the causes for skin cancer (excessive ultraviolet light) and lung cancer (smoking), there are no known direct causes of breast cancer.

How do you prevent something when you don’t know what the causes are?

You can’t, but that doesn’t make us helpless in the fight against this disease. There are several things you can do to increase your chances of survival if ever diagnosed.

The key is early detection. The first step is to know the risk factors and which factors apply to you. Know which ones you can’t control and which ones you can change.

You must know yourself. Become familiar with your body, specifically your breasts. Know what is normal for you. Know how they look and how they feel. This will enable you to identify changes that may indicate something is wrong.

Start by conducting self breast exams monthly. These can be conducted anytime during the month, but should be done at the same time each month. Anytime is a good time as long as you are doing them. And you are never too young to start doing your own exams.

Another type of exam is the clinical breast exam. This exam is similar to the self exam. However, it’s conducted by your health care provider, normally during your annual wellness check.

Mammograms are another valuable tool in detecting breast cancer.

A mammogram uses x-rays to create an image of the breast tissue. These images are used to find signs of cancer such as tumors, clusters of calcium and abnormal changes in the skin.

Mammograms should be part of your annual exam for women over the age of 40 and for those in extremely high risk categories beginning at age 30. Ensure any past images are available for comparison.

My journey began in December 2005 when I found a lump in my right breast. I would like to say I was being diligent about conducting self breast exams but I wasn’t. I just happened to feel the lump. Had I been conducting these exams, regularly, I may have found the lump even sooner.

Fortunately for me, it was still a very early stage.

This is an extremely important factor when it came time to treating the cancer.

Today, I conduct my exams regularly. In addition to the monthly exam, I ensure I get a mammogram at least every year, or more often when my doctor recommends additional screenings. Ladies, your task for today – conduct your own exam. Then create a plan for your next one. If you are over the age of 40 and haven’t had a mammogram, call to schedule one.

Gents, your task is to encourage your wife, mother, sisters, significant other and any other important women in your life to conduct their exams. And it wouldn’t hurt for you to conduct one yourself, as men can develop breast cancer also.

For additional information, call the Breast Education Office at the Robert E. Bush Naval Hospital, 830-2501; or visit the American Cancer Society’s website at http:// www.cancer.org

10/14/2011 By Diane Durden , Marine Corps Air Ground Combat Center Twentynine Palms

Marines demonstrate SPIE (Special Patrol Insertion/Extraction) rigging, after fast-roping onto a helicopter pad during Marine Week St. Louis. Marine Week provides an opportunity to increase public awareness of the Marine Corps’ value to our nation’s defense and to preserve and mature the Corps’ relationship with the American people. Video by Cpl. A.J. Lugo.

“Sixty years ago, the United States Marine Corps—as it has throughout our history—demonstrated its vital role as America’s Expeditionary Force in Readiness. Just weeks after North Korean Communist forces crossed the 38th Parallel, the First Marine Provisional Brigade landed in South Korea, forming the backbone of the perimeter around the city of Pusan. The efforts of the “Fire Brigade” at Pusan allowed for the daring amphibious landing at Inchon and set the stage for one of the most savage campaigns in our Corps’ history—the Chosin Reservoir. As we pause to celebrate our 235th Birthday, we pay special tribute to the Marines of the Korean War and recognize their contributions to our enduring legacy.

This past year marked the end of Marine Corps combat operations in Iraq. Beginning with the invasion in March 2003 and through the next seven years of fighting, our Corps acquitted itself valiantly in the Anbar province and throughout the country. Locations such as Fallujah and Ramadi have taken their place in the illustrious battle history of our Corps. Our efforts in defeating the insurgency helped to build a brighter future for all Iraqis.

For 235 years, at sea and ashore, Marines have succeeded in every clime and place . . . where hardship and adversity have often been the common thread. Today, in the rugged mountains and valleys of Afghanistan—and recently in earthquake-damaged Haiti . . . in flood-ravaged Pakistan . . . or off the coast of Africa—we continue to protect our Nation, just as we did 60 years ago in Korea.

To the Marines and Sailors deployed overseas, to those training and preparing for their next deployment and to the warriors who no longer wear our uniform . . . we honor your selfless service to the Nation. To our loved ones who endure the many difficulties that come with being part of the Marine Family, I want to extend my sincerest thanks for all you have done and all you continue to do.”

Happy 235th Birthday, Marines!

Semper Fidelis,

James F. Amos
General, U.S. Marine Corps

“The purpose of the early release program is to allow Marines the opportunity to take advantage of an educational opportunity,” said Capt. Greg Obar, adjutant, Headquarters and Service Battalion, Marine Corps Base Camp Butler.

According to Marine Corps Order P1900.16F, qualifications for enlisted Marines applying for the Early Release to Further Education Program are: the Marine must not be a six month trainee or a reservist ordered to active-duty due to unsatisfactory participation in their reserve duties, must be eligible for an honorable discharge, and must not be essential to the command’s mission.

The ERFE program also requires Marines to be accepted into an accredited college or vocational/technical school, which would require the Marine to attend a full-time course of instruction for a period of at least three months.

Additionally, the release date requested must fall within 90 days of the Marine’s original Expiration of Active Service date, however, Marines will not be allowed to EAS any sooner than one month before the start of class, said Obar.

In addition, Marines who request early release for education will still be considered for promotion.

As with ERFE program, the VEERP also releases Marines from their contracts early, but it has a different purpose and different guidelines.

“The purpose of VEERP is to lower personnel costs within the Marine Corps,” said Obar.

According to Marine Administrative Message 177/10, Marines must meet specific qualifications to be eligible for the VEERP. The Marine’s EAS date must fall between April 1, 2010, and the end of fiscal year 2011; they must be eligible for an honorable or general under honorable conditions discharge; they cannot be stabilized for deployment at the time of request; and they are required to attend mandatory pre-separation counseling.

“With VEERP, you could be accepted into 20 schools, or you could be accepted into no schools, and you could still be qualified for VEERP,” said Obar.

Specific qualifications that apply to both VEERP and the ERFE program include: Marines must not be trying to qualify for citizenship by completing three years of active-duty unless they are to be transferred to inactive duty in a reserve component, or have acquired additional obligated service due to advanced training or indebtedness to the government.

To get authorization to EAS early, Marines must submit an application to their company first sergeant, who will then send it up the chain of command, said Obar.

Since VEERP is a temporary incentive option to ease a burden on the Marine Corps, the process to take advantage of it is less complicated.

“Early release takes longer to get approved and has more qualifications that must be met,” said Obar about the ERFE program.

The ERFE is an ongoing program. It may be altered over time, but because it is a Marine Corps Order, it won’t be cancelled, said Obar. The current VEERP, however, is scheduled to expire on Sept. 30, 2011.

World War II

Sea Marlin served most of the war in the Pacific which included ports-of-call in Australia, Panama, New Guinea, New Zealand, Guam, Saipan, Eniwetok, Leyte Gulf, Tinian plus the Admiralty, Babelthaup, Caroline, Palau, Philippine, New Hebrides, and Mariana Islands. U.S. Pacific ports included Camp Stoneman, Honolulu, San Francisco, San Pedro, Seattle, Portland, and Port Hueneme.
While outbound from the states her passengers were destined for the Pacific war zones on return voyages Sea Marlin served as a hospital ship returning the wounded stateside.

At the Battle of Okinawa the Sea Marlin’s Naval Armed Guard crew received a Battle Star for the service during the invasion. This action included the Japanese Kamikaze attack on the invasion fleet.

Ship Complement

Typical of Army Transports Sea Marlin was crewed by merchant marines, administered by personnel of the US Army Transportation Corps (Water Division) and protected by a contingent of the US Naval Armed Guards.

In September 1944 the ship’s roster included:

Army: Lt Col Garrel D. Snyder (Executive Officer); Capt Richard C. Borella (Adjutant); Capt K. H. Gruberg (Transport Surgeon); 1st Lt Howard C. Day (Transport Chaplain); 1st Lt D. E. Wood (Commissary Sales Off.); T/Sgt Alex Kaplan (Sgt Major); Pfc Jackson Hospers (Asst. Sgt Major); S/Sgt H. H. Stoyke (Mess Sgt); T/Sgt Arthur J. Crandall (Actg. 1st Sgt.)

Merchant Marine: George Ekstrom (Ship’s Captain); Winifred L. Price (Chief Mate); James W. Price Jr. (Purser); Robert F. Spears (Chief Engineer); Jack O. Hayes (Chief Electrician)

Navy: Lt. Comdr Dale V. Walfron, USNR; Lt (jg) H. B. Kakterbeuser, USNR; Lt (jg) Herbert J. Edwards, USNR; GM1c Walter G. Jones USNR. Other Armed Guards known to have served aboard Sea Marlin: Richard rancs Maxon; Warren G. Riddings; Amorris D. Abel; Jack Martin.

Captain George Ekstrom went to sea at age 13 in 1898 as a cook. He later became an ordinary seaman, an able seaman, and he worked in various capacities going up the ladder in the hard school until he became master of his own ship. Until World War I Captain Ekstrom put to sea only in sailing ships. Captain Ekstrom was an amateur painter with an interest in nautical themes.

Ship Passengers

Units transported include:

17th Naval Construction Battalion & 31st Special Naval Construction Battalion (Seabees)

96th Infantry Division Headquarters personnel

Fuerza Area Expedicionaria Mexicana (Mexican Air Force) Escuadrn 201

193rd Tank Battalion

US Army Air Force Sixth Bombardment Group

Post War Service

On May 2, 1946 Sea Marlin was transferred to the U.S. Maritime Commission and laid up as part of the Reserve Fleet at Lee Hall, VA in the James River. In 1947 Isthmian Steamship Company purchased Sea Marlin and changed its name to SS Steel Director. The contract to convert Sea Marlin from a troopship to freighter was awarded to the J.K Welding Company, Yonkers, NY for a cost of 0,000. Isthmian Steamship Company was sold to States Marine Lines on March 6,1956. Steel Director remained in service until it was sold for scrap to Taiwan Shipbreakers, Kaohsiung, Republic of China in 1971.

The following is a history of damage, salvage, repair, and refitting to Steel Director During the period of October to December 1950 heavy weather damaged the rudder, boats and fitting. These repairs were made in Houston TX. 7/11/50: On voyage Galveston, TX to Haifa, Israel hit pier at Gulfport, MS with damage to propeller blades and shaft. 10-12/50: Heavy weather damage to rudder, boats and fittings; repaired at Houston, TX. 4/20 – 4/21/51: Heavy weather destroyed accommodation ladder on voyage Calcutta, India to Boston, MA. 8/2 – 8/3/51: Heavy weather damaged lifeboats. Repair #2 lifeboat davit arm, 7 hatch tarps and 4 lifeboat covers; repairs at Baltimore MD. 8/20/52: On voyage Houston, TX to Calcutta, India hit Congress Street Wharf, New Orleans, LA, damaging 6 pilings. 2/1/55: Hit submerged object damaging propeller. 7/12/55: Dry-docked in New York, NY for initial repairs with further work completed in Galveston, TX in October 1955. 8/9/57: While on voyage from Baltimore and Saigon, South Vietnam to Bangkok, Thailand struck a submerged obstruction. Again on 12/1/57 during voyage from Baltimore MD and Philippines to Surabaya, Indonesia and Singapore, propeller struck submerged object. All repairs done in Galveston, TX in March 1958. 5/18/58: Struck submerged object on passage from Mobile, AL to New Orleans, LA. Repairs completed in Baltimore, MD in April 1959. 12/24/59: At Chittagong, India collided with steamer Pyidawnyunt, with little or no damage and arrived in Calcutta, India on 12/27/59. 10/27/60: Grounded in the Houston Ship Channel while en route to Galveston, TX. Repairs deferred until August 1961. 1/25/61: Suffered rudder damage from grounding in Suez Canal on voyage from Calcutta, India to Houston, TX. Towed to Port Said, Egypt by tug where temporary repairs were done. Towed by salvage ship Svitzer to Palermo, Italy where permanent repairs were made. 7/14/61: Struck the lock wall of Cote Ste. Catherine Lock while transiting the St. Lawrence Seaway en route from Montreal, QB to Kenosha, WS in ballast. Struck lock wall of Lower and Upper Beauharnois Locks while transiting the St. Lawrence Seaway. Arrived Baltimore, MD 9/6/61 from New York, NY for deferred repairs to bottom plates damage sustained 10/27/60 plus damage sustained in St Lawrence Seaway. 9/10/63: generator turbine damaged in consequence of alleged engineer’s negligence while the vessel was on passage from Madras, India to Calcutta, India. Partial repairs made in New York in December 1963. 6/7/68: Struck submerged object in Mississippi River while en route from Baton Rouge, LA to Houston, TX and Calcutta, India. Repairs completed in New York, NY July 2, 1968. 3/5 – 8/69: Damaged in heavy weather while en route from Porto Grande, Cape Verde Islands. to New York, NY and New Orleans, LA. Partial repair completed August 5, 1069 in New York, NY. 1/7/70: Grounded with no reported damage. 6/23/70: Collided with barge in Yokohama, Japan on voyage from Saigon, South Vietnam for Seattle, WA. Damage to propeller repaired at Todd Shipyards in Seattle, WA in August.. 9/9/70: Arrived Sattahip, Thailand from Tacoma, WA with refrigeration failure following repairs proceeded to Qui Nhon, South Vietnam. 5/17/71 Final voyage of SS Sea Marlin/Steel Director from Saigon, South Vietnam arrived at Kaohsiung, Republic of China prior to 6/10/71 where she was scrapped.

Why Should One Join the Military?

Many young people these days are not sure what to do with their lives. Most don’t have money for an expensive education that will enable them to learn skills to make it in the real world. As always, the military can be the answer young people have been seeking.

The Branches of the Military

You don’t have to sign up for active duty. You can sign on with the military in the Guard and Reserve units. You can choose from the Air Force, the Navy, the Army or the Marine Corps. These branches are under the Department of Defenses’ jurisdiction. If the sea is your passion, join the Coast Guard. In peacetime you will answer to the Department of Homeland Security and during wartime you will report to the Department of Defense via the Navy.

Benefits of Joining the Military

When you join the military you will have access to the highest quality of training and opportunities for a lifetime career in a field you enjoy. You will have base pay, a variety of discounts, support for tuition in your chosen field and full medical insurance coverage.

You will get to travel the globe at no cost to you. The military offers travel for both business and pleasure. You will also receive not just job training but preparation for your chosen career in the civilian world. Much of the training you receive in the military will prepare you for a variety of civilian job equivalents.

The pride you take in the service to your country cannot be stressed enough. Knowing that you have put in your time to ensure the safety of your nation will bring you the confidence in yourself you may have lacked before enlisting.

You will meet all kinds of people from every walk of life, learn about different cultures and take pride in yourself and your accomplishments. A career in the military is also a possibility for those that attend OTS or Officer Training Schools.

Career Opportunities

Career opportunities for both a career in the military or in the private sector abound. The military may not always provide you with training you had first desired, but you will be fitted to a career that will enable you to use your abilities for maximum performance. Everyone is different and the skills you are best at and where you are most needed are where you can flourish. You may march with the infantry or use the most advanced technology that is available.

A career in the military can help you to learn self discipline and how to work within a group and teach you important leadership skills that will last a lifetime. A stint in the military looks good on anyone’s resume and can take you further than if you had skipped enlistment.

No matter what branch of the military you choose, you will learn life changing skills that can only enhance your civilian life when you are discharged. If you choose a lifetime in the military you will always be able to count on the support and training that a career in the military can provide.

When explorers discovered modern-day Camp Pendleton, it was common for Catholic missionaries to name points of arrival or rest stops for the patron saint whose holy day coincides with time they arrived. A majority of Camp Pendleton locations can be traced to these Spanish padres and voyagers who traveled to Southern California in the late 18th Century.

“The land we know as Camp Pendleton has a rich and colorful history that extends over 230 years,” said Richard B. Rothwell, president, Camp Pendleton Historical Society. “From the Spanish mission days, through its service as a working ranch under Mexican and United States rule, to its present role as an amphibious training base for U.S. Marines. Several historic sights serve as reminders of Camp Pendleton’s rich and colorful past.”

In 1942, The Marine Corps bought 125,000 acres of land in southern California for nearly $4.25 million. The very same undeveloped beachfront, valuable ranch land and scenic mountain vistas would later become the base we know today.

Remaining true to the heritage of this historic land, base officials decided to keep the names given to geographic locations by Spanish explorers and the native descendants after the purchase.

According to the CPHS, examples of these geographic names include:

Cristianitos: Seventeenth century Spanish priests of the Portola-Serra expedition named this area as they made their way through this land on their way to northern California. The site of their encampment was named after St. Apollinaris, but since priests conducted California’s first known Christian baptisms for two dying Indian infants, the soldiers referred to it as Los Cristianitos, or “the little Christians”. Today, the baptismal site is an official California Historical Site.

Las Pulgas: Eighteenth century soldiers accompanying a survey party for the San Luis Rey Mission were constantly bothered by fleas, or Las Pulgas, while camping here. The area was then named after the tiny pests that made a stronger impression than the physical beauty of the area.

Las Flores: The way station or assistance to Mission San Luis Rey was established in 1827 near what is today the Las Pulgas exit to Interstate 5. Seeing wild roses and flowers at the mouth of the canyon and remembering the name given by Father Crespi years earlier, the name Las Flores, meaning “the flowers,” was given to the area.

Chappo: The name is believed to be derived from the word Chapala that was the thick undergrowth found in the area.

Horno: This is the Spanish word for the clay oven or kin used by early settlers. Camp Horno is nestled below the coastal mountains, which block the cooling ocean breezes. As any Marine stationed there can attest, it can get hot as an oven in the summer.

San Onofre: In keeping with the padres’ tradition of naming areas after patron saints, this area was named after the obscure Egyptian, Saint Onuphrius.

San Mateo: This was derived from Saint Matthew, a saint whose name was a favorite with the Catholic missionaries.

Deluz: An Englishman by the name of Luce kept a corral of horses in the area north of the village of Fallbrook. The Spanish-speaking neighbors knew it as Coral de Luz, which was later shortened to the name we use today.

Lake O’Neill: This is a man-made lake created for the irrigation of the fields on Rancho Santa Margarita in the late 1800s. It is named for Richard O’Neill who managed the ranch and later became part owner.

Vado Del Rio: At one time the Margarita River was much deeper and wider. Small trading boats actually sailed up the river from the ocean to trade goods behind the base’s Historic Ranch House. When a bridge was constructed so that travelers could easily cross the river the area overlooking the bridge was named Vado Del Rio, or river crossing.

Amazingly, much of Camp Pendleton would be recognizable today to Richard O’Neill, John Basilone, and other historical figures whose stories are intertwined with the land, said Rothwell.

By Lance Cpl. Daniel Boothe , Marine Corps Base Camp Pendleton

War is between brothers, cousins, friends, and neighbors and some of them are women. If you check back into military records, women served as nurses, spies and also as vivandieres. What is a vivandiere you ask? It is a French Army term used for women who provided food, liquor and provisions to the soldiers.

Since the time of the vivandiere, many practices of war have changed. From our increase of technology, to the way we live our lives. But women, will continue to make history in the Army.

One of the first major shifts for women in the military was in the mid 1970’s. The rules changed from a “military draft” to an “all-volunteer force.” This change created opportunities for women to join the Military. Obviously, the rule was changed because there just weren’t enough people joining the army. Also at this time, women could not fly combat aircrafts or serve of combat ships.

In the early 1990’s congress lifted the ban. Women could now fly combat aircrafts and serve on combat ships. Pentagon rules now dictate that women cannot be assigned to ground combat units. There are many women in today’s troops that are gunners, medics, military police, truck drivers, helicopter pilots, but not in ground combat.

Many women will continue to make history with our current conflict in Iraq even with the explosive devices, suicide bombs and rocket propelled grenades. The rules and the technology have changed from the Civil war to present, but the courage and passion for patriotism in the women who serve, has not. History is still being made everyday by women.

Here is a short list of women and the first medals they received.

• The first and only, woman to receive The Medal of Honor was Dr. Mary E. Walker, a contract surgeon during the Civil War.
• The first woman to receive The Purple Heart was Annie G. Fox while serving at Hickam Field during the Japanese attack on Pearl Harbor, Dec 7 1941.
• The first woman to receive The Bronze Star was 1Lt Cordelia Cook, Army Nurse Corps, during WWII in Italy. Lt Cook was also awarded The Purple Heart, becoming the first woman to receive two awards.
• Lt Edith Greenwood was awarded The Soldiers Medal in 1943 for heroism acts during a fire at a military hospital in Yuma Arizona. She was the first woman to receive this prestigious award.
• The first woman to receive The Air Medal was Lt Elsie S. Ott. The award was for her abilities as a 1943 air evacuation nurse.
• Barbara Barnwell was the first woman awarded the Navy-Marine Corps Medal for heroism in 1953. Barbara Barnwell, a SSGT was a member of the Marine Reserve, saved a soldier from drowning in 1952.
• Colonel Oveta Culp Hobby, the first Director of the WAC. Oveta was the first woman to receive The U.S. Army Distinguished Service Medal in 1945.

Powerful Foreclosure Protections Afforded Active Duty Military Personnel

If you are in the Military and are currently on ACTIVE DUTY, or were on active duty within the last 90 days, then there is a law that provides you some very specific and powerful protection against foreclosure.

The Service Members Civil Relief Act of 2003 (SCRA) provides specific help and protection from foreclosure for individuals who are members of our armed forces. The Act applies to all active duty personnel, as long as you were not on active duty when you bought your house and signed the mortgage papers. The Act also applies if you co-signed on a loan with a service member.

If you bought your house while you were already on active duty then the law does not apply to you. Service Members covered by SCRA include all members on Federal active duty, including:

Regular members of the Armed Forces (Army, Navy, Air Force, Marine Corps and Coast Guard) Reserve, National Guard and Air National Guard personnel who have been activated and are on Federal active duty (whether as volunteers or as a result of involuntary activation) Inductees serving with the armed forces Public Health Service and National Oceanic and Atmospheric Administration Officers detailed for duty with the armed forces Persons who are training or studying under the supervision of the United States preliminary to induction National Guard and Air National Guard personnel on duty for training or other duty authorized by 32 U.S.C. §502(f) at the request of the President, for or in support of an operation during a war or national emergency declared by the President or Congress.

The law provides four basic types of relief for service members that are facing foreclosure:

1.       Interest Rate Cap

2.       Stay of Proceedings

3.       Suspension of payments

4.       Void the foreclosure sale

Getting the interest rate cap is automatic. All you have to do is ask. We have provided several sample letters in our download section. For free access to the letters as well as many other downloads just join our site. It’s free!

The remedies in 2, 3, and 4 are a little more complicated and you will have to get a Court involved. In order to qualify for these remedies you will have to show the Court that your ability to pay the loan has been “materially affected” by your active duty. It usually isn’t hard to show that your ability to pay was materially affected. For example, if you were making more money when you were a civilian than you do in the military then that, right there, could be enough and would be considered “material”.

Additionally, you can use these provisions on all of your loans, not just your home loan.  You should speak with your commanding officer about obtaining free legal assistance if you are having problems implementing the law on your own. In most case the Judge Advocate General   Corps (JAG) can help you obtain a lawyer at no cost.

Let’s explore each of these remedies individually to see exactly how each one works:

Interest Rate cap of 6%.

If you are having trouble making your mortgage payments while you are on active duty, you can request your lender to lower your interest rate down to 6%. In fact, the 6% interest rate cap applies to any debt that you incurred before you went on active duty. So, in other words, it applies to car loans and credit cards and any other consumer debt. This can provide huge relief to your family while you are deployed. It basically means that you can get all of your payments lowered across the board. This benefit alone could help you to avoid foreclosure. The interest rate cap starts on the date that you entered active duty.

Additionally, you can make your lender apply the 6% rate cap retroactively if you were released from active duty any time in the past six months. For example, let’s say that you are just now finding out about this 6% rate cap. You were on active duty during the past year but never informed your lender. That’s OK, as long as it hasn’t been more than 6 months since you were released, you can still request the rate reduction and it will be applied dating back to the day that you first went on active duty. You could be entitled to a credit!

It’s simple to get this rate reduction. All you have to do is notify your lender by writing a letter and attaching a copy of your orders to the letter. Your lender has to comply. They don’t have a choice.

A sample letter is shown at the end of this section. You can find your lender’s address on a recent mortgage statement or payment coupon. Your letter should be sent certified mail if possible.

Stop Foreclosure Proceedings

Mortgage (Judicial State): If you signed a mortgage and your lender has already started formal foreclosure proceedings such as filing a foreclosure lawsuit, you can have those proceedings stopped immediately. A lender is strictly prohibited from proceeding with a foreclosure while you are on active duty and for 90 days following your release from active duty. All you have to do is write a letter to the lender informing them of your active duty and stating that your active duty has materially affected your ability to comply with the terms of your mortgage. You can show that you were materially affected if, for instance, you had more income before you were on active duty than you make now while on active duty.

In addition to your lender, you need to notify the court and the lender’s attorney that you are on active duty. This can be done as simply as writing a letter to the Judge who is handling the case and having the Clerk of Court file a copy of the letter in the case file. Also, send a copy of the letter to the bank’s attorney who filed the lawsuit.

Be sure to include the Case Number in your letter. You should also provide a copy of your orders. The case number as well as the Judge’s name can be found on the lawsuit that was served upon you. If you no longer have a copy of the lawsuit, you can obtain a copy by calling your local Clerk of Court. In some cases these documents are available on line.

Deed of Trust (Non-Judicial State):

If you signed a Deed of Trust and the trustee has recorded a Notice of Default, then you can have the Trustee’s sale and all collection activity stopped immediately. A Trustee is strictly prohibited from proceeding with a foreclosure while you are on active duty and for 90 days following your release from active duty. All you have to do is write a letter to the lender informing them of your active duty and stating that your active duty has materially affected your ability to comply with the terms of Deed of Trust. In addition, you should inform the Trustee of your active duty.

If you no longer have a copy of the Notice of Default, you can obtain a copy from your local County Recorder. In many cases, these records are available on line. The Notice of Default will show the name and address of the Trustee. Make sure you send your letter via registered mail.This may be a good time to speak to your commanding officer about obtaining free legal assistance from the Judge Advocate General’s Corps (JAG).

Suspend payments on the loan

If you can show that your ability to pay the loan has been materially affected by your active duty, you can get the Court to suspend all of your payments until your active duty is completed. Better yet, you don’t even have to be delinquent. You can get this relief even if you have never missed a payment. Once you are released from active duty, then you can make up all of the missed payments by spreading them over the entire remaining term of the loan plus the time you were on active duty. This is a huge relief. Let’s take a look at how this would work.

EXAMPLE: Let’s say that you started out with a 30 year mortgage or deed of trust. Suppose that when you are released from active duty there are 24 more years remaining on your loan. Suppose you were in the military for 2 years. The maximum period for the stay would be calculated by taking the 24 years remaining on the mortgage at the time you were discharged and adding in the two years that you spent in the service. You will be allowed to spread your back payments out over 26 years. If your monthly payment was ,500 and you paid nothing during the time that you were on active duty, then you would be in arrears for ,500 times 24 months for a total of ,000. To spread that out over 26 years you have to figure that there are 12 payments due in each year. So in 26 years there are 312 monthly payments (12 x 26).

You would only have to make an extra payment of 5.38 each month in addition to your regular monthly payment in order to make up the balance. (,000/312)

Since this can get complicated it might be necessary to have an actual Court hearing. This may be a good time to speak to your commanding officer about obtaining free legal assistance from the Judge Advocate General’s Corps (JAG).

Void the Sale

If you are just now becoming aware of your rights under The Service Members Civil Relief Act of 2003 and your property has already been sold at a foreclosure sale, there is still hope for you. If you can demonstrate that your active duty materially affected your ability to comply with the terms of the Mortgage or Deed of Trust you can have the sale voided and get your property back. This is called “vacating” the sale.

Since vacating the sale is a drastic remedy, it will be necessary to have an actual Court hearing. This may be a good time to speak to your commanding officer about obtaining free legal assistance from the Judge Advocate General’s Corps (JAG).

NOTE: USE OF SAMPLE LETTERS

Most courts will allow non-attorneys to file pleadings with the court in the form of letters. Your particular jurisdiction, however, may not allow this and may insist on a formal pleading in a specific format that was approved by the court. Nevertheless, we feel that it will be beneficial to send the letters out anyway. This way all parties including the lender and the lender’s attorney will be put on notice of the fact that you are on active duty and that you are asserting your rights under the law.