An Army disbursing officer requested a decision as to whether the provisions of a barring act were applicable to a retired Army officer's entitlement to retired pay. The officer was never informed by the Army that he was eligible for retired pay; moreover, when he filed the claim 6 years after he retired, the Army advised him that he did not have the necessary service credit. The officer submitted...

RETIRED PAY WAS NOT GRANTED BECAUSE RECORDS DID NOT SHOW HE HAD SUFFICIENT YEARS OF SERVICE. IT WAS DETERMINED THAT HE HAD SUFFICIENT SERVICE. ALTHOUGH MORE THAN 6 YEARS ELAPSED BETWEEN HIS MEETING THE AGE REQUIREMENT AND THE DETERMINATION THAT HE WAS ELIGIBLE FOR RETIRED PAY. NONE OF HIS RETROACTIVE RETIRED PAY IS BARRED BY 31 U.S.C. 71A (NOW SEC. 3702(B)). SINCE SUCH CLAIMS WILL NOW BE DEEMED TO...