Claim for Basic Allowance for Quarters

A retired Naval officer appealed the denial of his claim for basic allowance for quarters. The officer requested basic allowance for quarters for a 3-month period during 1970 while he was stationed in Vietnam. The officer did not file his request until 1979. The claims group informed the officer that his claim was barred because it was not filed within the 6-year timeframe necessary by law. In his request for reconsideration, the officer set forth three bases upon which he questioned whether the barring act was for application in his situation. The officer contended that: (1) the date of the amendment which shortened the period for filing claims from 10 years to 6 years was the date from which he had 6 years to file his claim; (2) individuals affected by the amendment were not so notified; and (3) since the amendment gives an individual serving during wartime 5 years after peace is established to file a claim with GAO, this timeframe should have been applied in his case. GAO held that: (1) the time for filing a claim is based on when the situation arose for which a claim is to be filed and not from the time any amendments to the timeframe are made; (2) any law is assumed to be public knowledge and thus those involved should be aware of such laws without special effort on the part of the lawmakers; and (3) since the cease-fire in Vietnam was signed on in 1973, the officer's claim was not timely filed within the 5-year timeframe. Accordingly, the officer's claim was barred.