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B-219060 1 (1986-02-19)

handle is hein.gao/gaobadmeo0001 and id is 1 raw text is: THE COMPTROLLER GENERAL OUCISION OF THE UNITED STATES WASHINGTON, 0.C. 20548 FILE: B-219060 DATE: February 19, 1986 MATTER OF: Richard M. Baske DIGEST: Former member of the United States Marine Corps was discharged from the service in 1972 with a bad conduct discharge which was later found to have been invalid. A valid discharge was executed in 1984. The former member claims backpay from the date of the invalid discharge to the date of the validly issued discharge. Although he might have been entitled to backpay from the date of the invalid discharge in 1972 to the date of the expiration of his enlistment in 1976, any claim he had accrued in 1976. Since the claim was not presented to this Office until 1985, it is barred by the statute of limitations set out in 31 U.S.C. S 3702(b)(1), which requires that the Comptroller General receive a claim within 6 years after it accrues. This action is in response to a request for an advance decision from the United States Marine Corps regarding the claim of former Marine Private Richard M. Baske for back- pay.-1/ Mr. Baske's claim may not be allowed since it is barred by the provisions of 31 U.S.C. S 3702(b). Richard M. Baske enlisted in the Marine Corps on September 8, 1971, for 4 years. On December 5, 1971, he was convicted by a Special Court-Martial for absence without leave from his unit during the period from September 18 to November 2, 1972. He was sentenced to confinement at hard labor for 2 months, forfeiture of pay for 2 months and a 1/ The request was made by Lieutenant Colonel M. K. Chetkovich, United States Marine Corps, Disbursing Officer, Centralized Pay Division, Marine Corps Finance Center, Kansas City, Missouri, and was assigned Depart- ment of Defense Military Pay and Allowance Committee Control Number DO-MC-1453. 5B'4S(a

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