Davis v. US, No. 09-5187
In an Army veteran's claim that he was eligible for early retirement and extra pay in accordance with the Temporary Early Retirement Authority, district court's dismissal of the claim is affirmed as the claimant failed to bring suit within the six-year statute of limitations required by 28 U.S.C. section 2401(a) because: 1) a late-filed request for reconsideration does not toll the accrual date for the statute of limitations; 2) the claimant did not raise his petition for rehearing to the Board until after the time allotted by the regulations; and 3) thus, claimant was not legitimately still pursuing military administrative remedies.
Argued: November 17, 2009
Decided and Filed: December 29, 2009
Opinion by Circuit Judge Merritt
For Appellant: Phillip Leon Davidson
For Appellee: Monica M. Graffenreaid, Assistant US Attorney
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