Davenport

MEMORANDUM **

Robert Davenport, a former Naval Reserve Officer filed this pro se action against the Navy, challenging his discharge and seeking reinstatement of his rank. The district court dismissed the action as time barred. We affirm.

DISCUSSION

Davenport’s action is barred by the six-year statute of limitations provided by 28 U.S.C. § 2401 (a). See Turtle Island Restoration Network v. U.S. Dept. of Commerce, 438 F.3d 937 , 942-43 (9th Cir.2006) (applying § 2401(a) to actions filed under the Administrative Procedures Act, 5 U.S.C. § 702 ). His complaint was filed over twenty years after his discharge and nearly ten years after the Navy’s final administrative decision upholding that discharge.

We reject Davenport’s tolling arguments. He was not under any “legal disability” that precluded him from timely filing his action. There was neither a “continuing violation” nor a “renewed claim” created by the Army’s decision to discharge Davenport for misrepresenting his Naval service. Although the Soldiers’ and Sailors’ Civil Relief Act provides for tolling during military service, 50 U.S.C.App. § 526, the Act applies only to those individuals on active duty, 50 U.S.C.App. §…