Suter v. United States , 153 F. Supp. 367 ( 1957 )

LARAMORE, Judge

(dissenting).

I respectfully dissent for the reason I believe plaintiff’s claim is barred by the 6-year statute of limitations, 28 U.S.C. § 2501.

Plaintiff was separated from active service on June 9, 1946. He did not apply to the Air Force Board for Correction of Military Records until 1953. We have many times held that his cause of action first accrued when he was released from active duty, and resort to the correction board would not toll the statute of limitations. Levadi v. United States, Ct.Cl., 146 F.Supp. 455; Barker v. United States, 140 F.Supp. 415, 135 Ct.Cl. 42; Rosnick v. United States, 129 F.Supp. 958, 132 F.Supp. 478, 132 Ct.Cl. 1; MacFarlane v. United States, 140 F.Supp. 420, 134 Ct.Cl. 755; Duff v. United States, 135 F.Supp. 527, 133 Ct.Cl. 161.

Plaintiff’s petition was filed June 29, 1954,. more than six years thereafter.