B-125160, JAN. 18, 1956

B-125160, JAN. 18, 1956

TO MR. JACK L. BURLEY:

REFERENCE IS MADE TO YOUR LETTERS OF OCTOBER 20 AND DECEMBER 5, 1955, FURTHER CONCERNING YOUR CLAIM FOR REPAYMENT OF SOLDIERS' DEPOSITS BELIEVED DUE YOU INCIDENT TO YOUR ARMY SERVICE FOR THE PERIOD ENDING OCTOBER 3, 1945.

IN OUR DECISION OF OCTOBER 7, 1955, YOU WERE ADVISED THAT THE RECORDS SHOW YOU WERE PAID, ON VOUCHER NO. 8618-11, OCTOBER 1945 ACCOUNTS OF Q. A. PEARSON, THE SUM OF $429.06 ($50 IN CASH AND $379.06 BY CHECK), WHICH INCLUDED THE FOLLOWING ITEMS: (1) NET AMOUNT DUE AS PAY FOR THE PERIOD ENDING OCTOBER 3, 1945, $81.75; (2) SOLDIERS' DEPOSITS, $232; (3) INTEREST ON SOLDIERS' DEPOSITS, $6.21; (4) TRAVEL PAY, $9.10; AND (5) FIRST INSTALLMENT OF MUSTERING-OUT PAY, $100. YOU WERE ADVISED, ALSO, THAT THE RECORDS INDICATE THAT THE CHECK FOR $379.06--- WHICH WAS DATED OCTOBER 1945, AND NOT JULY 25, 1952, THE DATE MENTIONED IN YOUR LETTER OF DECEMBER 5, 1955--- WAS NEGOTIATED IN DUE COURSE AND PAID BY THE TREASURER OF THE UNITED STATES.

YOU INDICATE THAT AT THE TIME OF YOUR DISCHARGE, OCTOBER 3, 1945, YOU RECEIVED MUSTERING-OUT PAY OF $100 AND TRAVEL PAY OF $9.10. YOU SAY, HOWEVER, THAT YOU NEVER RECEIVED THE CHECK IN THE AMOUNT OF $379.06 AND ASK THAT THE SIGNATURE ON IT BE COMPARED WITH THE SIGNATURE ON YOUR LETTERS.

YOUR CLAIM IS FOR THE PROCEEDS OF A CHECK DRAWN IN FULL PAYMENT OF THE AMOUNT DUE YOU AND WHICH APPEARS TO HAVE BEEN PAID BY THE TREASURER OF THE UNITED STATES. CONSIDERATION OF SUCH CLAIM IS BARRED BY SECTION 2 OF THE ACT OF JUNE 22, 1926, 44 STAT. 761, 31 U.S.C. 122, WHICH PROVIDES:

"ALL CLAIMS ON ACCOUNT OF ANY CHECK, CHECKS, WARRANT, OR WARRANTS APPEARING TO HAVE BEEN PAID SHALL BE BARRED IF NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS AFTER THE DATE OF ISSUANCE OF THE CHECK, CHECKS, WARRANT, OR WARRANTS INVOLVED.'

YOUR CLAIM WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE UNTIL MARCH 10, 1952, WHICH WAS NOT WITHIN SIX YEARS AFTER THE CHECK WAS ISSUED. VIEW OF THE LAPSE OF TIME BETWEEN THE ISSUANCE OF THE CHECK AND THE PRESENTATION OF YOUR CLAIM AND IN VIEW OF THE FACT THAT YOU ACKNOWLEDGE RECEIPT OF PART OF THE AMOUNTS INCLUDED IN THE CHECK, IT SEEMS LIKELY THAT YOU RECEIVED THE CHECK FOR $379.06 AND THAT YOU HAVE FORGOTTEN THE TRANSACTION. HOWEVER, WHETHER THE CHECK WAS RECEIVED BY YOU IS NOT NOW CONTROLLING SINCE CONSIDERATION OF YOUR CLAIM IS BARRED BY THE PLAIN PROVISIONS OF THE ABOVE-QUOTED STATUTE. THE CHECK IN QUESTION IS NOT NOW AVAILABLE FOR EXAMINATION SINCE, BECAUSE OF ITS AGE, IT HAS BEEN DESTROYED PURSUANT TO LAW.