CFR > Title 32 - National Defense > SUBTITLE A—Department of Defense > CHAPTER VII—DEPARTMENT OF THE AIR FORCE (parts 800 to 989) > SUBCHAPTER D—CLAIMS AND LITIGATION (parts 842 to 845) > PART 842—ADMINISTRATIVE CLAIMS > SUBPART M—Claims Under the National Guard Claims Act (32 U.S.C. 715) (§842.100 to §842.114) > 842.105—Statute of limitations.

842.105—Statute of limitations.

A claim must be filed in writing within 2 years after it accrues.
(a) Federal, not state law, determines the time of accrual. A claim accrues when the claimant discovers or reasonably should have discovered the existence of the act that resulted in the claimed loss.
(b) In computing the statutory time period, the day of the incident is excluded and the day the claim was filed is included.
(c) A claim filed after the statute has run is considered if the United States is at war or in an armed conflict when the claim accrues; or if the United States enters a war or armed conflict after the claim accrues, and good cause is shown. No claimant may file a claim 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.