KEYWORDS: Barring Act; Retired Pay

DIGEST: A military reservist whose claim for retroactive retired pay beginning in 1994 was first received in the Defense Finance and Accounting Service (DFAS) in 2018, and whose claim was partially denied based on the six-year Barring Act (31 U.S.C. § 3702(b)), is entitled to payment because the claim first accrued when facts in his military record were changed by the Board for Correction of Military Records in 2020. The correction of his records gave him the 20 years of qualifying service he needed to receive retired pay, and thus, was a factual change in the record that gave rise to the claim as the date of the correction action.

CASE NO: 2020-CL-101501.2

DATE: March 16, 2021