TITLE 32 - NATIONAL DEFENSE

SUBTITLE A - DEPARTMENT OF DEFENSE

CHAPTER VII - DEPARTMENT OF THE AIR FORCE

SUBCHAPTER D - CLAIMS AND LITIGATION

PART 842 - ADMINISTRATIVE CLAIMS

subpart f - MILITARY CLAIMS ACT (10 U.S.C. 2733)

842.45 - Statute of limitations.

  (a) A claim must be filed in writing within 2 years after it accrues. It accrues when the claimant discovers or reasonably should have discovered the existence of the act that resulted in the claimed loss. The same rules governing accrual pursuant to the Federal Tort Claims Act should be applied with respect to the Military Claims Act.

  (b) The statutory time period excludes the day of the incident and includes the day the claim was filed.

  (c) Consider claims filed after the statute has run when: (1) The United States is at war or in an armed conflict when the claim accrues, or (2) The United States enters a war or armed conflict after the claim accrues, and (3) Good cause is shown. A claim is barred by the statute of limitations if it is filed more than 2 years after the good cause ceases to exist or the war or armed conflict ends. Congress or the President establishes the beginning and end of war or armed conflict.