B-239811, Jun 29, 1990, Office of General Counsel

B-239811: Jun 29, 1990

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Since it was received in the GAO more than 6 years after it first acrused. His claim is clearly time-barred. It appears that he was a member of the United States Army from November 16. When he was honorable discharged. These is no record of Reverend Jones ever having filed a claim with this Office. Any claim Reverend Jones may have had incident to his military service arose November 8. When he was discharged. Since Reverend Jones' claim was first received in this Office May 21. We are unable to consider it.

B-239811, Jun 29, 1990, Office of General Counsel

DIGEST: Under 31 U.S.C. Sec. 3702(b) the claim of a former Army member for mustering out pay may not be considered, since it was received in the GAO more than 6 years after it first acrused.

Honorable Ernest F. Hollings United States Senator:

This refers to your letter of May 16, 1990, regarding the claim of Reverend Daniel Jones for mustering out pay incident to his discharge from the Army in 1946. His claim is clearly time-barred.

On the basis of information provided by Reverend Jones, it appears that he was a member of the United States Army from November 16, 1945, when he was honorable discharged. He claims pay and allowances he alleges he never received and mustering out pay incident to his military service.

The Barring Act, 31 U.S.C. Sec. 3702(b), provides that every claim cognizable by the General Accounting Office must be received in this Office within 6 years from the date it first accrued or be forever barred.

These is no record of Reverend Jones ever having filed a claim with this Office. Any claim Reverend Jones may have had incident to his military service arose November 8, 1946, when he was discharged. Since Reverend Jones' claim was first received in this Office May 21, 1990, more than 43 years after it arose, we are unable to consider it.

We trust this serves the purpose of your inquiry.