[Code of Federal Regulations]
[Title 32, Volume 6]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR842.45]

[Page 101-102]
 
                        TITLE 32-NATIONAL DEFENSE
 
                CHAPTER VII--DEPARTMENT OF THE AIR FORCE
 
PART 842_ADMINISTRATIVE CLAIMS--Table of Contents
 
             Subpart F_Military Claims Act (10 U.S.C. 2733)
 
Sec. 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

[[Page 102]]

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.