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EUGENE DAVIS, Plaintiff-Appellant, v. UNITED STATES OF AMERICA, Defendant-Appellee. |
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Appeal from the United States District Court
for the Western District of Tennessee at Memphis.
No. 06-02087—Jon Phipps McCalla, Chief District Judge.
Submitted: November 17, 2009
Decided and Filed: December 29, 2009
Before: MERRITT, CLAY, and McKEAGUE, Circuit Judges.
MERRITT, Circuit Judge. Eugene Davis, an Army veteran, claims that he was eligible for early retirement and extra pay in accordance with the Temporary Early Retirement Authority. See 10 U.S.C. § 1186 and § 1293. He appeals the District Court’s dismissal of his claim as time-barred under the applicable six-year statute of limitations. Davis v. United States, No. 06-02087, slip op. at 9 (W.D. Tenn. Jan. 30, 2009). He contends that the Army Board for the Correction of Military Records (“Board”) erroneously refused to correct his military record, a condition necessary for a valid application for early retirement. The issue before us is whether the accrual date for the statute of limitations is the date the Board first denied his application or its denial after he filed a request for reconsideration a year and a half later. We hold that a late-filed request for reconsideration does not toll the accrual date and affirm the District Court.