http://www.chess.com/echess/game?id=123158872 this is the game in question
claim 3 move repetition draw

After move 26 ...Rxc2 that is the prime position it repeats after 28...Rc2 and again after 30... Rc2 I clicked draw then made move 30

The way you claim a draw works a little differently on this site.
Whereas, in an OTB game, you would write your move down showing your intention to make the threefold repetition and then claim the draw without making the move, there is no way to do that here without actually making the move. So on this site, you must first make your move and then the draw button's functionality will change from an offer to a claim. Note that you would have to look at the game while it is your opponent's move in order to make the claim if your move was the one that created the threefold repetition. If your opponent was the one that created the threefold repetition, then you can claim the draw on your own turn before you make your move.
So, when you pressed the draw button in your game, you sent an offer, since a threefold repetition did not exist at the moment you pressed the button. You then made your move, with your draw offer still pending. Your opponent considered your offer, then declined it with a move.

Yes, he actually did.
He could have claimed after 30..., Rc2 which gives a threefold repetition of position.
I don't play slow games in here, so I never had to deal with this but from another thread ( http://www.chess.com/forum/view/general/does-chesscom-automatically-declare-a-draw-for-a-positional-three-fold-repetition ) I learned that...
"The problem is that your opponent may move before you have a chance to claim, especially with pre moves. Or on online chess with conditional moves."
I do however think the OP made the mistake of clicking the draw button and THEN make a move while he should have done it the other way around according to what I read in the FAQ.
Anyway, maybe contact support to see what your options are now. Try http://www.chess.com/members/view/Martin_Stahl maybe, he seems to be around a lot.

... Anyway, maybe contact support to see what your options are now. Try http://www.chess.com/members/view/Martin_Stahl maybe, he seems to be around a lot.
Contacting support is the best bet. I can't do anything
I don't know if they keep track of the draw offers or not. I would expect the code to allow that to work, if the draw offer was made before the move or the claim was made after

Since the forum was help and support I thought I was contacting help and support. I made the draw offer prior to my move. That was how I was taught for OTB to make the claim and then show the claim. It seems to work different here

Staff members do read the forums but a ticket is probably best.
https://support.chess.com/customer/portal/emails/new

the rule is actually 3 time repetition of position, which did not occur in the game cited. If your oppenent had moved the same Rook you would then have been able to claim the draw, he obvioisly saw that and moved the othet rook. That being said, if it has occurred, must the claim be made immediately, or can it be say 4 moves later after the position has changed. Is it different for otb and here?

In OTB it is supposed to be claimed before the move making the third repetition. If it isn't claimed at the appropriate time you lose your chance unless the position repeats again. Pretty much the same here (though the implementation may be different).
And the game cited did have a triple repetition.

the rule is actually 3 time repetition of position, which did not occur in the game cited. (nonsense) If your oppenent had moved the same Rook you would then have been able to claim the draw, he obvioisly saw that and moved the othet rook. That being said, if it has occurred, must the claim be made immediately, or can it be say 4 moves later after the position has changed. Is it different for otb and here?
Not trying to insult you but you should maybe consider reading the rules (on the FIDE website maybe?). And then try to understand them. Because you clearly have no idea (yet).

The 3 times the position occurred were after move 26,28, and 30 Rc2. My opponent moved the other rook on move 31 the current position. I attempted to claim the draw as I made move 30 but it did not accept it as a claim only an offer. I have yet to make another move because you can not go back to claim the draw. However there is no tournament director to pose the question too so I posted here on the help and support forum for those helpful thanks

Lol. Your condesending way of not trying to insult is kind of insulting. Just saying.
Being insulted says something about the insultee.

Lol. Your condesending way of not trying to insult is kind of insulting. Just saying.
Being insulted says something about the insultee.
I'll bet you have this issue in other areas of your life. Besides, any statement that starts out "I'm not trying to ___(be an asshole, sound condescending, insult you)" is usually an indication that you actually are exibiting that behavior.
In a game I was about to make move to repeat a third time. I clicked on the draw option then made my move. It said I had a pending draw offer. My opponent which is up material made a different move in reply now I can not claim the draw. Why was this not declared the draw?