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B-223734 1 (1986-10-21)

handle is hein.gao/gaobadmnn0001 and id is 1 raw text is: 

The Comptroller General
of the United States
Washington, D.C. 20548
Decision




Matterof-    Lieutenant Colonel Ralph M. Gibson, USAFR, Retired

File:        B-223734

Date:       October 21, 1986



DIGEST

1. A member of the Air Force Reserve was transferred to the
Retired Reserve in 1966 upon reaching age 60 without receiving
credit for a claimed 9-year service period from July 1943 to
April 1952. His claim for pay and allowances for this 9-year
period was first received in the General Accounting Office in
March 1986. His claim for .pay and allowances may n' be con-
sidered, since it accrued no later than the date of.his trans-*
fer to the Retired Reserve, and the Barring Act, 31 U.S.C.  -
§ 3702(b), bars consideration of claims received in the Gen-
eral Accounting Office more than 6 years after they have
accrued.

2. An Air Force reservist was transferred to the Retired
Reserve at age 60 without entitlement to military retired pay
because the official records showed that he had completed only
14 of the 20 years of creditable service required to establish
eligibility for Reserve retirement with pay. He claims that
he performed an additional 9 years of creditable service as a
reservist from July 1943 to April 1952, and that he is there-
fore entitled to retired pay. His claim for retirement pay
first accrued in 1966, but it is a continuing claim that
accrues day to day, so that the 6-year limitation period pre-
scribed by the Barring Act, 31 U.S.C. S 3702(b), precludes
consideration of only that part of the retirement claim per-
taining to more than 6 years before March 1986, when the claim
was filed in the General Accounting Office. However, since
the member has not furnished sufficient evidence to establish
that he performed service for the claimed 9-year period, the
entire claim for retirement pay is denied.


DECISION

Lieutenant Colonel Ralph M. Gibson, USAFR, Retired, appeals
the determination by our Claims Group that his claim for
backpay and allowances for an alleged period of service from
July 1943 to April 1952 cannot be considered because of the


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