B-190168, NOV 9, 1977

A CLAIM BY A FORMER ARMY MEMBER FOR ARREARS TO PAY WHICH ACCRUED MORE THAN 6 FULL YEARS PRIOR TO THE TIME IT WAS RECEIVED IN THE GENERAL ACCOUNTING OFFICE IN 1977 IS BARRED BY OPERATION OF LAW. WHERE SUCH CORRECTION NEITHER CHANGED THE UNDERLYING FACTS OF RECORD CONTAINED IN HIS MILITARY PERSONNEL FILE NOR GAVE HIM ANY NEW LEGAL RIGHTS WHICH HE DID NOT PREVIOUSLY HAVE. 31 U.S.C. 71A (SUPP. BARRED FROM CONSIDERATION FOR THE REASON THAT IT WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 6 YEARS OF THE TIME IT ACCRUED. COULD NOT HAVE BEEN FAVORABLY CONSIDERED EVEN IF IT HAD BEEN TIMELY FILED. WHERE NO RECORDS EXIST WHICH MIGHT ESTABLISH THAT THE CLAIMANT WAS EVER ACTUALLY UNDERPAID IN THE COURSE OF HIS MILITARY SERVICE.