Claim for Retired and Disability Severance Pay

A former Navy chief petty officer appealed the Claims Division's action on his claim for retired and disability severance pay which was untimely filed. The Navy member was retired and transferred to the Temporary Disability Retired List (TDRL) on September 1, 1963, through May 30, 1964. On June 1, 1964, his retired pay was suspended because his whereabouts were unknown; he was discharged from the TDRL with entitlement to severance pay on September 30, 1968. By letter dated July 29, 1978, he filed a claim with the Navy for retired pay for the period June 1, 1964, through September 30, 1968. The Navy forwarded the claim to the Claims Division as doubtful because of the time which had elapsed since the claim first accrued. The exception to the 6-year statute of limitations is applicable only to members on active duty and does not apply to the claim of a former Navy member for retired pay which first accrued while he was on the TDRL and for severance pay which first accrued when he was discharged from that list. The claim was untimely filed and the action of the Claims Division was sustained.