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B-193635 1 (1979-01-17)

handle is hein.gao/gaobadgvh0001 and id is 1 raw text is: 1' ~ ~sp L ~ ITf0 MATTER OF: George R. Jon, OIGEST: 1. Upgrading of for the Corre4 does not chan and is theref( - ances for per: of the enlisti 2. es, Jr. lischarge issued in 1954 by Board tion of Naval Records in 1976 ;e fact that member was discharged ore not entitled to pay and allow- .od following discharge to the end ient in which he was serving. Claim for pay and allowances for period of enlistment wh ch was not served because of dis- charge began o accrue at time of discharge in 1954. Action by correction board upgrading discharge has no affect on fact of discharge. Therefore, cl im received in General Accounting Office more tIan 23 years after claim first accrued is barred from consideration by 31 U.S.C. 71a which requires claims against the United St tes be filed in this Office within 6 years from -he date it first accrues. This decision is the res lt of an-appeal to an action by our Claims Division informing Mr. George R. Jones, Jr., that his claim for pay and allowances incidett to his service in the United States Navy is barred by the act of October 9, 1940, 54 Stat. 1061, as amended by Title VIII of Publc Law 93-604, approved January 2, 1975, 88 Stat. 1959, 1965, 31U.S.C. 71a (1976). Apparently, in 1976 the loard for the Correction of Naval Records upgraded Mr. Jones' 154 discharge from the Navy to a general discharge. Mr. Joneslindicates that.following the upgrading of his discharge heireceived payments representing mustering out pay and accrued leave. He contends that he is entitled to payment for that ortion of his enlistment, which he was precluded from serving by his 1954 discharge. He is alleging that the 1954 discharge was illegal and invalid. He cites various court cases in support of hisiclaim. From the information protided by the Navy, it appears that the correction board merely cI anged the character of Mr. Jones' discharge without concluding *hat his original discharge had been e f2, DECISION FILE: B-193635 THE COMPTROLLER GENERAL OF TIEE UNITED STATES WASNG TON , O .C 2 O 5 4 e T J u 1 1 D ATE: January 17, 1979 A147 -7 I (,q A&C 0 ,D)

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