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B-193181 1 (1979-05-22)

handle is hein.gao/gaobadhgi0001 and id is 1 raw text is: DECISION FILE: B-193181 THE COMPTROLLER GENERAL . OF THE UNITED STATES WASHINGTON, . C. 20548 DATE: May 22, 1979 MATTER OF: Lieutenant Colonel Donald E. Keen, USAR Retired An Armymberwas-e.-r-oneeusly pRaid ireiredpay based upon the grad - orrathe__than___te appropriate grade of lieutenant colone the date f retirement in 1966. until the error was discovered in 1977. Upon presentation of his claim for the additional amount due, he was paid the additional amount for the 6-year period prior to the date of his claim's receipt in the General Accounting Office. His claim for the amount ccruedrior red from considr-aeby 31 U.S.C. § 71a, since it was not received in GAO within 6 years from the date it first accrued. We have for consideration the lett e-r-of1 Samuel E. Gabriel, Esq., appealing our Claims Division's January 27, 1978 denial of the claim of his client, Lieutenant Colone*1 Donald E. Keen, U A Retired, for additional retired pay for the/period November 30, 1966, through September 25, 1971. The Edental of the claimis sustained because it is barred Laan i 'on since it accrued more than 6 years before it was receAiv~ed in the General Accounting Office. The record shows that Colonel Keen was placed on the retired list on November 30, 1966, and was paid retired pay based upon retirement in the grade of major rather than the appropriate grade of lieutenant colonel. His claim for the difference in the amounts of retired pay paid and the appropriate amounts was first received in the United States General Accounting Office on September 26, 1977. He has been paid the portion of his claim for the 6 years prior to its receipt in the General Accounting Office, that is, retroactive to September 26, 1971. His claim for the amount accrued prior to September 26, 1971, was returned to him by our Claims Divi- sion as barred by the express provisions of the act of October 9, 1940, ch. 788, 4 Stat. 1061, as amended by section 801 of -Public Law 93-604. approved January 2, 1975,88 Stat. 1965, now codified at,/t U.S.C._§ 71a (1976). DIGEST: 5' p~, 4 A L. Ro /E41 cJ ECL~~A I

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