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B-208353 1 (1983-03-01)

handle is hein.gao/gaobadkxb0001 and id is 1 raw text is: ~0%_Lt R 7 iA THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON,.0..G. 20548 FILE: B-208353 DATE: March 1, 1983 MATTER OF: Captain James E. Finigan, USAR DIGEST: A service member filed an application for non-regular retired pay under 10 U.S.C. S 1331 almost 6 years after meeting the age requirement, but retired pay was not granted because records did not show he had sufficient years of service. Upon his submission of additional proof, it was determined that he had sufficient ser- vice. Although more than 6 years elapsed between his meeting the age requirement and the determination that he was eligible for retired pay none of his retroactive retired pay is barred by 31 U.S.C. S 71a, in view of Garcia v. United States, 617 F.2d 218 (Ct. Cl. 1980), since such claims will now be deemed to accrue only after the service's determination that the claimant has the required service. This action is in response to a request for a decision whether the provisions of the barring act, 31 U.S.C. S 71a (now 31 U.S.C. S 3702(b)), are applicable to the entitlement of Captain James E. Finigan, USAR, to receive retired pay under the provisions of 10 U.S.C. §9 1331-1337, for the period September 2, 1971, through October 16, 1973. The answer to that question, depends on whether notification to a service member under 10 U.S.C. § 1331(d) that he has completed all required service is a condition precedent to the running of the barring act. We have determined that notification by the service that the required service has been complete is necessary before the barring act begins to run. This matter was submitted by the Disbursing Officer, Army Finance and Accounting Center, and has been assigned submission No. DO-A-1403 by the Department of Defense Mili- tary Pay and Allowance Committee. The facts are not in dispute. Captain James E. Finigan became 60 years of age on September 2, 1971, and apparently became eligible to receive retired pay for -. .

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