[Marine Corps Member Claim for Backpay]

B-219060: Feb 19, 1986

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Contact:

Shirley Jones
(202) 512-8156
jonessa@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

A decision was requested as to whether a former Marine Corps member was entitled to backpay. GAO has held that, if an enlisted member's discharge is invalid, he is entitled to pay and allowances from the date of the invalid discharge to the date on which his term of enlistment would have otherwise expired. However, GAO has consistently held that compliance with the 6-year statute of limitations is a condition precedent to the right to have a claim considered. Accordingly, since GAO did not receive the claim until 9 years after it accrued, the claim was barred and could not be paid.

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