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B-186322 1 (1976-08-20)

handle is hein.gao/gaobaddhb0001 and id is 1 raw text is: LJ.eL A, ~4$ -THE COMPTROLLER GENERAL CIECSIONOF THE UNITEM STATES 0 ~WASHINGTON. 0.0C PO54e FILE: B-186322 DATE: A UG 2 297 6 MATTER OF: Chief Varrant ofticr Jasephz1. Kelly DIGEST: l. Where correction of skilitary -record created no new facts and gave membtr 00o* o tit1lent 'to retired pay, Mnd such pay would have be V&id if tie*ly clim had beeni filed therefore,, such action~ does not constitute aorrec- tion of record within the piViaw of 10 U.S.C. 1552. The rule in 45 Comp, Gen. 338 will continue to be followed. 2. W4here claim for retire4 pay accrued mreOT than 10 years before claim va filed with WW., statuate of limitationa (31 U.B.C. 71a) bar* p~ya~nt, vatvith- standing correction of military rfordo to showe that claim was adet within tiae lwmt, since board of correction cawwt amend WA records to show timly filing that voul4 have tolled statute of limitations. Tis action is In roxpons.e co a letter dated Yebwueary 13, 1975, from R. P. Ficber. , su~ Officer, Cansalidatsd DibaigOffice, Karl Corps oinsoce Centcer, XaSD04 City, ~4s~vrrequesting an Ad\ac deii~a o tha propriety of pay -A of1 Lddtio, retre pa-A~lingf a corretion of nave reor4 intho aseof hie Wara~cQife~rJo~phF., Kelly, ~*t~ad.Therequst as en asiged ontrol The au~eisI~ov. states that ~Zr. t~e1ly vas transferred to retired list on Xarch 1~ 1955w ~utsuant to the provisions of ~Jarrent ~7Uic~r A~t of 1954, ~iey 2% 1954, ah4 249) 68 ~tat~ Ac that time be had ooapletad 27 ~resra ~ 9 ~aths~ and 4 days servIca~ of which 25 yeara~ 9 ~ot~t~a~ and ±3. days was activ# ~ica~. lie wan ~iti ~ t±c~cnt ~ey co~pneed nnda~ the the P¾. 157 l<~ of

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