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B-274195 1 (1996-10-08)

handle is hein.gao/gaocrptaekz0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Master Sergeant Henry W. Schuchardt, USAR (Retired) File: B-274195 Date: October 8, 1996 DIGEST 1. A reservist, subject to 10 U.S.C. § 1331(c), who had reached age 60 and had been notified that he had completed 20 years of service, but who did not meet the wartime active duty requirement, was not required to be further notified by the service that he was eligible to retire when 10 U.S.C. § 1331(c) was later amended to include his active duty period as a qualifying wartime period. The statutory duty to notify under 10 U.S.C. § 1331(d) only pertains to the years of service requirement and cannot be extended to require notification of qualifying wartime service. 2. A reservist who had reached age 60 was notified at the time that he had completed the requisite 20 years of service for non-Regular retired pay. However, he was not fully eligible for retired pay then because he did not have the necessary wartime service required by 10 U.S.C. § 1331(c). He later first became fully qualified for retired pay when 10 U.S.C. § 1331(c) was later amended to include the period of active duty he performed. In these circumstances, the reservist's claim for retired pay accrued at that time, and therefore, his claim for retroactive retired pay is limited to the period beginning with the sixth antecedent anniversary of the date when he filed application for that pay. Cf. Captain James E. Finigan, 62 Comp. Gen. 227 (1983). DECISION This decision responds to a request from the Defense Finance and Accounting Service (DFAS).' The question asked is whether Master Sergeant Henry W. Schuchardt, USAR (Retired), is entitled to retired pay for any period before May 6, 1988, the sixth antecedent anniversary of the date he applied for non-Regular retired 'This request has been assigned control number DFAS 96-4-M. 926104

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