Two different federal laws waive military credit card fees, and which one applies depends entirely on when you opened the account. The SCRA covers credit opened before active duty; the MLA covers credit opened during active duty. Neither law technically mandates an annual-fee waiver — but because both count fees toward their interest caps, major issuers zero out annual fees rather than track them, and several go further than the law requires.
SCRA vs. MLA — what's the difference?
The Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.) applies to debt you incurred before entering active duty. It caps interest on that pre-service debt at 6% — and issuers must count annual fees, late fees, and returned-payment fees as "interest" under the cap, with anything above 6% forgiven rather than deferred, per the CFPB. SCRA relief must be requested, any time from the start of active duty until 180 days after you leave it. It is a stand-alone statute with no implementing regulation.
The Military Lending Act (10 U.S.C. § 987, implemented by 32 C.F.R. Part 232) applies to consumer credit you open during active duty — its credit-card "covered borrower" provision took effect October 3, 2017. It caps the Military APR (MAPR) at 36%, and because annual fees count toward the MAPR, issuers voluntarily zero them out. MLA protection is applied automatically — no request needed — and it explicitly covers spouses and dependents enrolled in DEERS, per the CFPB.
Which issuers waive annual fees (and under which law)
Amex, Chase, Citi, and U.S. Bank waive annual fees on personal cards under both SCRA and MLA. Capital One waives only under SCRA — never MLA. That single asymmetry is the most expensive mistake in military credit cards: open a Venture X while on active duty and you will pay the $395 fee every year.
| Issuer | SCRA (opened before active duty) | MLA (opened during active duty) | Spouse's own card | Notes & source |
|---|
| American Express | Yes — by request | Yes — automatic on all personal cards | Yes, via MLA (own card) | MLA is applied automatically at account opening; SCRA requires a request. Business cards are not covered the same way. Amex SCRA/MLA page ↗ |
| Chase | Yes — pre-service accounts | Yes — personal cards opened after ~Sept. 20, 2017 | Yes, via MLA (own card) | Select "Military" as an income source when applying; Chase verifies MLA status against the DoD database automatically. Business cards excluded. Chase Military Services: 1-877-469-0110. Chase military page ↗ |
| Citi | Yes — by request | Yes — all personal cards | Yes, via MLA (own card) | If MLA benefits aren’t auto-applied, email militaryorders@citi.com with an MLA certification or call the Military Response Unit at 877-804-1082. Citi accepts SCRA requests up to a year after release from active duty. Citi SCRA page ↗ |
| U.S. Bank | Yes | Yes — personal cards | Yes, via MLA (own card) | Both laws honored on personal cards, spouses included. Confirm current terms with U.S. Bank before applying. U.S. Bank SCRA overview ↗ |
| Capital One | Yes — caps at 4% (better than the statutory 6%) | No — Capital One does not waive annual fees under MLA | Not on a spouse’s own separate card | The critical exception: open the card BEFORE active duty, then request SCRA — or pay the fee. Guard/Reserve can open before a 30+ day activation. Military line: 1-855-227-1645. Capital One military page ↗ |
| Discover | Yes — via Capital One’s SCRA program | No | Not on a spouse’s own separate card | Discover is now part of Capital One; one SCRA request covers accounts at both. Capital One military page ↗ |
| Bank of America | Yes | Community-reported only | Unverified | Cardholders report fee waivers only on cards with annual fees over $100, and some waivers reportedly continue after service — but this is community data, not confirmed on an official Bank of America page. Verify with the issuer. |
| Navy Federal | Yes — caps at 4%; pre-service accounts | No fee waiver for cards opened on active duty | Limited | The $49 Flagship fee is waived only under SCRA (account opened before active duty). Requests accepted up to 180 days after your active-duty end date. Navy Federal SCRA page ↗ |
| USAA | Yes — caps at 4% | Fee waiver unconfirmed by USAA’s own pages | Unverified | USAA confirms a 4% SCRA rate and no added fees on covered accounts during active duty. An MLA annual-fee waiver (e.g., on Eagle Navigator) circulates in community reports but is not stated on USAA’s site — verify before counting on it. USAA SCRA page ↗ |
Do military spouses get annual fees waived?
Yes — under the MLA, a spouse enrolled in DEERS is a "covered borrower" and can open their own card with the fee waived. A spouse does not need to be an authorized user on the servicemember's account; in fact, separate accounts are better, because each spouse earns their own welcome offer. The waiver applies to cards the spouse opens while the sponsor is on active duty, at issuers that honor MLA fee waivers (Amex, Chase, Citi, U.S. Bank). Under SCRA, by contrast, a spouse cannot get a waiver on their own separate cards — SCRA protects the servicemember's pre-service obligations. This is the single most-argued point in military finance threads, and the distinction is simply which law covers the account.
Do veterans and retirees get SCRA or MLA benefits?
No. Both laws protect active-duty servicemembers only. SCRA requests can be filed up to roughly 180 days after separation for pre-service debt, and then the window closes; MLA coverage ends with active service. One practical nuance: fees on cards you opened while on active duty may not resume the moment you separate — issuers periodically re-check the DoD database — but plan your budget as if every fee returns. Veterans should skip the waiver-chasing entirely and pick cards that earn their keep without a fee (see the veterans section).
Who counts as "active duty" for these laws?
All branches on active duty; National Guard and Reserve members on active orders of 30+ consecutive days (Title 10, or Title 32 for SCRA-covered Guard service); and commissioned officers of the U.S. Public Health Service and NOAA. Keep a copy of your orders — issuers may ask for them, and the Department of Justice and Military OneSource both publish plain-language eligibility guides.
How to request your fee waiver (step by step)
- Check your covered-borrower status first. Verify yourself (or your spouse) in the DoD's MLA database and SCRA database before you apply — it's what the issuers themselves query.
- MLA (card opened during active duty): usually automatic. Amex applies it at account opening; Chase checks the DoD database when you select "Military" as an income source. If a fee still bills, contact the issuer — Citi takes MLA certifications at militaryorders@citi.com or 877-804-1082.
- SCRA (card opened before active duty): you must ask. Submit your orders or an SCRA request to the issuer's military department — Capital One's military line is 1-855-227-1645 (one request also covers Discover accounts), Chase Military Services is 1-877-469-0110, and Navy Federal takes an eMessage with "Attn: SCRA."
- Mind the window. SCRA relief can be requested from the start of active duty until 180 days after leaving it (Citi voluntarily accepts up to a year), and it applies retroactively to the start of your covered period.
- Watch your statements. Issuers typically confirm within one to two billing cycles; the annual fee should be credited back, not just stop billing.