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B-197485 1 (1980-05-16)

handle is hein.gao/gaobadign0001 and id is 1 raw text is: DECISION THE COMPTROLLER GENERAL .1 OF THE UNITED STATES VWASHINGTON. 0. C. 20548 FILE: B-197485 DATE: May 16, 1980 MATTER OF: Charles V. Waldron DIGEST: ' The exception to the 6-year statute of limitations, 31 U.S.C. 71a, tolling the running of the 6-year period for members of the armed forces in wartime, is appli- cable only to members on active duty and does not apply to the claim of a former Navy member for retired pay which first accrued while he was on the temporary disability retired list and for severance pay which first accrued when he was dis- charged from that list. This decision is the result of an appeal by Mr. Charles V. Waldron, a former chief petty officer in the Navy, to an action taken by our Claims Division, which informed him that hisC laim for retired and disability severance pay could not be considered because it has not been timely filed. For the following reasons we must conclude that Mr. Waldron's claim cannot be considered because it is barred by the time limitations of the act of October 9, 1940, 54 Stat. 1061, as amended by Public Law 93-604, approved January 2, 1975, 8_Sa. 1965 31 U.S.C. 71a (1976). Chief Petty Officer Charles V. Waldron, USN, Retired, was transferred to the Temporary Disability Retired List (TDRL) on August 31, 1963. He was .paid retired pay commencing September 1, 1963, through May 30, 1964. On June 1, 1964, his retired pay was suspended because his whereabouts were unknown. Mr. Waldron was'discharged from the TDRL with entitlement to severance pay on September 30, 1968. By letter dated July 29, 1978, he filed a claim with the Navy for retired pay for the period June 1, 1964, through September 30, 1968, and for the severance pay due on his discharge from the TDRL on September 30, 1968. The Navy forwarded the claim as doubtful to our Claims Division because of the period of time which elapsed since the claim first accrued. By letter dated December 14, 1978, Mr. Waldron was informed that his claim was barred under the provisions of the above-cited act. That act, as codified in 31 U.S.C. 71a(l), provides in part as follows: / 4 /

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