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B-206669 1 (1982-08-10)

handle is hein.gao/gaobadknz0001 and id is 1 raw text is: DO .I1iON THE3 caMPTROLti.R EN-nAPS 0OP THUUNITE.D BTATEUI WASHINOTDN, O,C.- 00340 B-206669 DATE; Aurust 10, MATTER OF DIGEST: I Chester F. Milbourn - Statute of Limitations - Backpay 19 Employee claims backpay for service as a member of the uniformed service during World War II. Claimant did not subniit claim to GAO until 1981 even though statutory basi. relied upon by claimant became law in 1949. Claim may not be allowed since Act of October 9# 1940, as amended, 31 U.s.C. § 7Th, bars con- sideration of claims received in GAO more than 6 yearn after date claim first accrues. 2. GAO is wvithout authority to waive or modify the application of 31 U.S.C. § 71a, even though claimant w4s not aware of bnsis for hiL; claim until proximate tim. of his filing with our office. Mr. Cheater F. Milbourn has appealed the determi- nation by our Claims Group on June 22, 1981, (Z-2830864), which denied his claim for backpmy while he was a member of the Departmunt of the Army since it was not received in thin Office within 6 years from the date it first ae-crued. Mr. Milbourn's claim is based on the fact that he served in the New Mexico National Guard before he became 18 years of age and that the Army did not credit those years of service in determining his pay while he was a member of the Army during World War II. Our Claims Group denied his claim as barred by the 6-year Statute of Limitations in 31 US.C. § 71a. The decision of our Claims Group is affirmed, The facts of this case as presented by Mr. Milbourn are summarized as follows. From April 1921 until at least August 23, 1925, when Mr. Milbourn turned 18, ho served in the New Mexico National Guard. Mr. Milbourn became a member of the DepartmLst of the Army during World Wiar ii and served for approximately 3 years. Mr. Milbourn alleges that ho was not credited for pay purposes for his service in the New Ilexico National G3iard before the age of 18 as required by 37 U.S.C. § 205(d).. This provision was passed in 1949 as section 202(c) of the Career Compon- nation Act of 1949, Public Law 351, Cctober 12, 1949, FII.Et 1982 1111(ol

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