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B-187084 1 (1976-10-22)

handle is hein.gao/gaobaddyk0001 and id is 1 raw text is: J R. Neil Metcalf' Hil.PersY 9 THE COMPTROLLEA GENERAL . DECISINCI / OF THE UNITEal STATED ,f' ; WASHINGTON, 0.C, 20540 FILE: 1487084 DATE: (W rr2%fl MATTER OF: Sergeant Donald 0, Lska, USA, Retired DIGEST': Claina for rotronctive adjustent of rmilitnry retired pay received in the General Accounting Office on Janu- cry 8, 1976, ray not be considered for payment for che period prior to January 8, 1970, since act of Octo- bac 9, 1940, asn mended, prohibits consideration of any part of claim. presented to thia Office that accrued more than 6 years before the date the claim wan firot re- ceived he.rs Thei action tn in rcponso to a letter dated July 6, 1976, from Sergeant .onald 0, Leakta, USA. Petired, which, in effoct, requents reconnideration of - scttrxnant dated Pay 13, 1976, by our Claims Division, which allowed retroactive ndjustment in retired pay in the amount of $12,864.58 for the period Januvry 8, 1970, through January 31, 1976, but [arred his clain for ouch prty for the period prior to Jnnuary 8, 1970, pursunut to the provisions of the barring net. The mrjiber contends that h oshould have boin paid all unpaid retired puy entitlements for 10 yearn procedinp Iarch 31, 1975, the date of a requnt he received from the U.S. Army Finance Support Agency (now U.S. Amy Finance and Accounting Canter) to comploto and return to that activity in order to establlish his eligibility for adjuswyiont of retired pay. lie further contends that ha In without fault for the dulay resulting in his claim being received in the Cnoral Accounting Office subnequent to July 2, 1975, the effective date of the change from 10 to 6 ;ears in the statute of liraitations for bringing cloluw against the United Statos. The record showo that on Noverber 24, 1975, Sergennt Leaka was notified by the United Staten Finncn and Accounting Canter, Indianapolis, Indiana, that an exanination of:his retired pay account revealed that he had been underpaid retired pa7 dtue to raduction in benefito from the Veternns Adminiotration (VA) and djh .11

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