Claim for Retired Pay by Member Who Disappeared for Seven Years

B-190390: Mar 24, 1978

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A retired Army member claimed his retirement pay after disappearing for 7 years during which time a State court declared that he was presumed dead. The member's wife's claim as designated beneficiary cannot be allowed. The amount of the member's claim which accrued more than 6 years prior to the date of claim cannot be allowdd, but the member is entitled to arrears of retired pay to the extent it is not barred and is entitled to resumption of retired pay payments.