B-121087, JUN. 9, 1955

B-121087, JUN. 9, 1955

TO MR. DAVID J. SHEA:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 21, 1955, FURTHER CONCERNING YOUR CLAIM FOR ADDITIONAL AMOUNTS BELIEVED TO BE DUE YOU INCIDENT TO YOUR ARMY SERVICE FOR THE PERIOD FROM NOVEMBER 1, 1944, TO THE DATE OF YOUR DISCHARGE, OCTOBER 3, 1945.

YOU SAY THAT CHECK NO. 427,008, DATED JUNE 21, 1945, WHICH YOU RECEIVED, WAS FOR $80 AND NOT $180 AND THAT YOU WOULD LIKE TO GET THE REST OF IT, AND THAT YOU ARRIVED IN THE UNITED STATES ON JUNE 17, 1945, AND SHOULD HAVE RECEIVED FOREIGN SERVICES PAY THROUGH JUNE 16 INSTEAD OF THROUGH JUNE 9. FURTHER, YOU REQUEST A COPY OF THE VOUCHER COVERING THE PAYMENT MADE TO YOU ON OCTOBER 3, 1945, THE DATE OF YOUR DISCHARGE, AND INQUIRE AS TO WHEN IN 1945 YOU WERE ADMITTED TO THE HOSPITAL IN GERMANY. ALSO, YOU SAY THAT YOU DID NOT SIGN A FORM REQUESTING THAT YOUR BOND ALLOTMENT BE STOPPED AND THAT YOU DID NOT SIGN A FORM TO STOP YOUR SOLDIERS' DEPOSITS AND THAT YOU WOULD LIKE TO HAVE PHOTOSTATIC COPIES OF THE FORMS WHICH YOU ARE ALLEGED TO HAVE SIGNED.

AS YOU WERE ADVISED IN OUR DECISION OF OCTOBER 18, 1954, THE RECORDS SHOW THAT YOU WERE PAID $180 BY CHECK NO. 427,008, DATED JUNE 21, 1945, VOUCHER NO. 35367, JUNE 1945 ACCOUNTS OF G. L. ROBERS; THAT THE CHECK WAS NEGOTIATED IN DUE COURSE AND PAID BY THE TREASURER OF THE UNITED TATES; AND THAT IT HAS BEEN DESTROYED PURSUANT TO LAW BECAUSE OF ITS AGE. THE ACT OF JUNE 22, 1926, 44 STAT. 761, PROVIDES IN PERTINENT PART AS FOLLOWS:

"SEC. 2. 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.'

IN VIEW OF THE PROVISIONS OF THE SOLDIERS' AND SAILORS' CIVIL RELIEF ACT, AS AMENDED, 50 U.S.C. APPENDIX, 525, 584, YOUR PERIODS OF MILITARY SERVICE FROM JUNE 21 TO OCTOBER 3, 1945, AND FROM OCTOBER 9, 1945, TO MAY 31, 1947, ARE FOR EXCLUSION IN COMPUTING THE EFFECTIVE DATE OF THE 6-YEAR PERIOD OF LIMITATION FOR FILING A CLAIM ON CHECK NO. 427,008. HAVING FAILED TO PRESENT YOUR CLAIM ON THE CHECK WITHIN SIX YEARS AFTER MAY 31, 1947, THE CLAIM IS BARRED BY STATUTE AND THERE IS NO AUTHORITY FOR ITS CONSIDERATION.

WE DO NOT MAINTAIN SERVICE RECORDS OF MILITARY PERSONNEL BUT MUST RELY ON THE ADJUTANT GENERAL OF THE ARMY, THE OFFICIAL CUSTODIAN OF THE RECORDS OF ARMY PERSONNEL, FOR INFORMATION AS TO SUCH RECORDS. THE RECORDS NOW IN THE FILE INDICATE THAT YOU WERE ENTITLED TO FOREIGN SERVICE PAY THROUGH JUNE 9, 1945. IF YOU ARE ABLE TO FURNISH AN OFFICIAL REPORT FROM THE ADJUTANT GENERAL OF THE ARMY SHOWING THAT YOU RETURNED TO THE UNITED STATES ON JUNE 17, 1945, YOUR CLAIM FOR FOREIGN SERVICE PAY WILL BE FURTHER CONSIDERED. NO INFORMATION IS AVAILABLE HERE SHOWING WHEN IN 1945 YOU WERE ADMITTED TO THE HOSPITAL IN GERMANY.

WITH OUR DECISION OF OCTOBER 18, 1954, YOU WERE FURNISHED PHOTOSTATIC COPIES OF THE PERTINENT PARTS OF EIGHT VOUCHERS COVERING PAYMENTS TO YOU DURING THE PERIOD INVOLVED. YOU WERE NOT FURNISHED A COPY OF VOUCHER NO. 17, OCTOBER 1945 ACCOUNTS OF E. M. BUKER, COVERING THE PAYMENT TO YOU OF $225.54 ON OCTOBER 3, 1945, AS IN YOUR LETTER OF JUNE 15, 1954, YOU ACKNOWLEDGED THAT YOU RECEIVED THE PAYMENT. APPARENTLY NO USEFUL PURPOSE WOULD BE SERVED BY FURNISHING YOU A COPY OF THAT VOUCHER AND, THEREFORE, YOUR REQUEST FOR SUCH COPY IS DENIED, IN THE ABSENCE OF A CLEAR SHOWING OF YOUR NEED FOR IT AND THE PURPOSE FOR WHICH IT IS TO BE USED, TOGETHER WITH A REMITTANCE TO COVER THE COST OF PREPARING THE COPY.

YOUR REQUEST FOR A PHOTOSTATIC COPY OF THE FORM SIGNED BY YOU REQUESTING THAT YOUR CLASS B ALLOTMENT FOR THE PURCHASE OF SAVINGS BONDS BE STOPPED SHOULD BE SENT TO THE CHIEF, BOND ALLOTMENT DIVISION, FINANCE CENTER, U.S. ARMY, INDIANAPOLIS 49, INDIANA; HOWEVER, AS YOU WERE ADVISED IN THE DECISION OF OCTOBER 18, 1954, SINCE NO DEDUCTIONS FOR THE PURCHASE OF BONDS WERE MADE FROM YOUR PAY FOR THE PERIOD AFTER FEBRUARY 28, 1945, NO BONDS ARE DUE YOU FOR SUCH PERIOD.

YOUR CLAIM FOR SOLDIERS' DEPOSITS WAS HANDLED BY THE SOLDIERS' DEPOSITS DIVISION, FINANCE CENTER, U.S. ARMY, INDIANAPOLIS 49, INDIANA, AND ANY INFORMATION WHICH YOU DESIRE CONCERNING YOUR SOLDIERS' DEPOSITS SHOULD BE REQUESTED FROM THAT OFFICE.