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B-198934 1 (1981-01-29)

handle is hein.gao/gaobadiuy0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION . . OF THE UNITED STATES V WASHINGTON D. C. 20548 IF ~ - B-198934 DATE: January 29, 1981 MATTER OF: Captain Herbert E. Tuttle, Jr., USNR (Retired) 1. Member performed active duty from June 30, 1970, to September 30, 1970, and filed laim w- h-Navy for basic allowance for quartersfor this period on September 14-, 1979. The claim was forwarded to General Accounting Office on September 24, 1979, as a possible time barred 9laim.1 Under provisions of 01 U.S.C. 71a, as amended in 1975 member had 6 years not 10 years from date claim accrued, to file in GAO. Accordingly, claim is barred. 2. Member -whose claim arose during active 'duty from June 30, 1970, to September 30, 1970, filed claim with Navy on September 14, 1979. Claim was forwarded to GAO on September 24, 1979. Member con- tends that claim is not barred as it arose during time of war (Vietnam conflict) and under the proviso in /31 U.S.C. 71a he has 5 years after peace is established to file claim. Even under that proviso a decision of when peace is established is dependent on political acts and, for Vietnam conflict, a political -act which established peace took place on January 27, 1973. There- fore, proviso would not operate to alter untimeliness of this claim. Captain Herbert E. Tuttle, Jr., USNR (Retired) appeals the denial of his claim for basic allowance for quarters by the Claims Group of this Office. We concur with the Claims Group that Captain Tuttle's claim is barred under 1'l U.S.C. 71a because it was not filed in the General Accounting Office within the time period specified in that provision. FILE: DIGEST: e 157 q 0

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