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B-205111 1 (1982-02-19)

handle is hein.gao/gaobadkbn0001 and id is 1 raw text is: / ~1~ 753 DECISION p I COMPTROLILR THE UNITED GENERAL STATIB WA0 H I NNTO N s qCo, 20154 9 B-205111 DATE; February 19, MATTER OF: DIGEBT: First Lieutenant John W, Torpey, AUS, Retired The Army Board for Correction of Military Records found that a former Army member is entitled to disability retired pay under a new Qdministrative interpretation of applicable aw, but made no correction in the member's records so that no new rights accrued, Thus, the member's claim to retired pa first accrued on the date he became ent Itled to disabillty retired pay in 1946, not in 1980 when the Board made its finding. Therefore, the barring act of October 9, 1940, as amended (31 U.S.C, 71a), bars payment of that portion of th claim for retired pay which accrued more than 6 years before the claim was received. This action is to decide whether a correction of mill- tary records in 1981 to reflect a service member's entitle- ment to disability retired pay as of May 10, 1946, enables the member to receive disability retired pay retroactively for the 35-year period or whether the barring act of October 9, 1940, as amended, 31 U.S.C. § 71a bars payment of the amounts accrued more than 6 years prior to the date the claim was filed in this Office. Since the correction of records to reflect entitlement to retired pay resulted from a change in the administrative interpretation of a law and not from a change in the facts set out in the record, the retroactive poyntents are limited to the 6-year period from the date the claim was filed in this Office, The case was submitted for an advance decision by J. E. Boone, Special Disbursing Agent, United States Army Finance and Accounting Center, Indianapolis, Indiana, and has been assigned Control Number DO-A-1375 by the Department of Defense Military Pay and Allowance Committee. The service member involved is First Lieutenant John W. Torpey, AUS, Retired. On March 19, 1946, the Army Retiring Lieutenant Torpey was permanently incapac cause of this incapacity originated while an enlisted man in February of 1943. The Boarid found that itated and that the he was serving as Secretary of War .- -.' .P , ....- . -- -o --w4. . --. . THE ripF FILIA20 1982 - % q , V: W.,O , - - .. . -.A- , - . . . -

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