B-124380, JUL. 19, 1955

B-124380: Jul 19, 1955

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AS YOU HAVE BEEN ADVISED IN PREVIOUS LETTERS FROM OUR OFFICE. YOUR CLAIM WAS DISALLOWED BY OFFICE SETTLEMENT OF JANUARY 25. ON THE BASIS THAT THE RECORDS SHOW THE CHECKS HAVE BEEN NEGOTIATED AND PAID. THAT CONSIDERATION OF YOUR CLAIM IS BARRED BY SECTION 2 OF THE ACT OF JUNE 22. 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. SINCE YOUR CLAIM WAS NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN THE SIX-YEAR PERIOD SPECIFIED IN THE ACT. IT WAS PROPERLY DISALLOWED. IT IS YOUR CONTENTION THAT YOU DID NOT KNOW ABOUT THE CHECKS UNTIL ABOUT A YEAR AGO AND ALSO THAT IF THE CHECKS WERE PAID IN DUE COURSE.

B-124380, JUL. 19, 1955

TO MR. WALTER BAKER STONE:

IN YOUR LETTER OF MAY 1, 1955, YOU REQUEST FURTHER CONSIDERATION OF YOUR CLAIM FOR THE PROCEEDS OF CIVIL SERVICE RETIREMENT CHECKS NO. 5,682,934 FOR $23.22 AND NO. 38,310,090 FOR $123.39 DRAWN TO YOUR ORDER ON NOVEMBER 3, 1944, AND APRIL 10, 1946, RESPECTIVELY.

AS YOU HAVE BEEN ADVISED IN PREVIOUS LETTERS FROM OUR OFFICE, YOUR CLAIM WAS DISALLOWED BY OFFICE SETTLEMENT OF JANUARY 25, 1955, ON THE BASIS THAT THE RECORDS SHOW THE CHECKS HAVE BEEN NEGOTIATED AND PAID, AND THAT CONSIDERATION OF YOUR CLAIM IS BARRED BY SECTION 2 OF THE ACT OF JUNE 22, 1926, 44 STAT. 761, 31 U.S.C. 122, WHICH PROVIDES AS FOLLOWS:

"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.'

SINCE YOUR CLAIM WAS NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN THE SIX-YEAR PERIOD SPECIFIED IN THE ACT, IT WAS PROPERLY DISALLOWED.

IT IS YOUR CONTENTION THAT YOU DID NOT KNOW ABOUT THE CHECKS UNTIL ABOUT A YEAR AGO AND ALSO THAT IF THE CHECKS WERE PAID IN DUE COURSE, THE ENDORSEMENTS MUST HAVE BEEN FORGED AND YOU REQUEST A COPY OF THE SIGNATURE APPEARING ON THE CHECKS. IT HAS BEEN INFORMALLY ASCERTAINED FROM THE UNITED STATES CIVIL SERVICE COMMISSION THAT THE CHECKS WERE ISSUED AND MAILED TO YOU PURSUANT TO APPLICATIONS FOR REFUND SIGNED BY YOU WHICH ARE ON FILE IN THE COMMISSION. WE ARE UNABLE TO FURNISH YOU WITH PHOTOSTATIC COPIES OF THE CHECKS SINCE THEY HAVE BEEN DESTROYED PURSUANT TO SECTION 1 OF THE ABOVE-CITED ACT WHICH AUTHORIZES THE DESTRUCTION OF PAID GOVERNMENT CHECKS OVER EIGHT FISCAL YEARS OLD.

ACCORDINGLY, THERE IS NO FURTHER ACTION OUR OFFICE MAY TAKE IN THE MATTER.