B-125801, JAN. 13, 1956

B-125801: Jan 13, 1956

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MAURER: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 17. WHICH WAS REFERRED HERE FOR REPLY. WHILE THE CHECKS WERE DRAWN TO YOUR ORDER. YOU ALLEGE THAT THEY WERE NOT RECEIVED BY YOU. WERE PAID BY THE TREASURER OF THE UNITED STATES AND DESTROYED PURSUANT TO LAW. IT WAS FURTHER POINTED OUT THAT SINCE A CLAIM WAS NOT FILED WITHIN SIX YEARS AFTER THE ISSUANCE OF THE CHECKS. OUR OFFICE WAS PRECLUDED FROM FURTHER CONSIDERATION OF YOUR CLAIM BY THE PROVISIONS OF SECTION 2 OF THE ACT OF JUNE 22. WHICH CHECKS WERE CITED IN THE LETTERS OF OUR CLAIMS DIVISION. WHILE WE HAVE NO INFORMATION AS TO WHETHER THE CHECKS WERE PROPERLY ADDRESSED WHEN MAILED BY THE DEPARTMENT OF THE ARMY. THE FACT THAT YOU DID NOT RECEIVE AND NEGOTIATE THE CHECKS IS NOT NOW CONTROLLING.

B-125801, JAN. 13, 1956

TO MRS. ELIZABETH B. MAURER:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 17, 1955, ADDRESSED TO THE PRESIDENT OF THE UNITED STATES, WHICH WAS REFERRED HERE FOR REPLY, CONCERNING YOUR CLAIM FOR THE PROCEEDS OF SEVEN CLASS "E" ALLOTMENT CHECKS FOR THE MONTHS OF JANUARY THROUGH JULY 1944, ISSUED INCIDENT TO THE SERVICE OF YOUR DECEASED SON, STAFF SERGEANT HERMAN E. MAURER, ARMY AIR CORPS.

WHILE THE CHECKS WERE DRAWN TO YOUR ORDER, YOU ALLEGE THAT THEY WERE NOT RECEIVED BY YOU. BY LETTERS DATED FEBRUARY 18, 1955, AND MARCH 31, 1955, ADDRESSED TO THE SUFFOLK COUNTY VETERANS SERVICE AGENCY, 375 NEW YORK AVENUE, HUNTINGTON, NEW YORK, OUR CLAIMS DIVISION ADVISED THAT THE RECORDS SHOW THAT SEVEN CLASS "E" ALLOTMENT CHECKS DRAWN TO YOUR ORDER COVERING THE PERIOD JANUARY THROUGH JULY 1944, WERE PAID BY THE TREASURER OF THE UNITED STATES AND DESTROYED PURSUANT TO LAW. IT WAS FURTHER POINTED OUT THAT SINCE A CLAIM WAS NOT FILED WITHIN SIX YEARS AFTER THE ISSUANCE OF THE CHECKS, OUR OFFICE WAS PRECLUDED FROM FURTHER CONSIDERATION OF YOUR CLAIM BY THE PROVISIONS OF SECTION 2 OF THE ACT OF JUNE 22, 1926, 44 STAT. 761.

THE DEPARTMENT OF THE ARMY FURNISHED US WITH A COMPLETE DESCRIPTION OF THE SEVEN CLASS "E" ALLOTMENT CHECKS DRAWN TO YOUR ORDER, WHICH CHECKS WERE CITED IN THE LETTERS OF OUR CLAIMS DIVISION. WHILE WE HAVE NO INFORMATION AS TO WHETHER THE CHECKS WERE PROPERLY ADDRESSED WHEN MAILED BY THE DEPARTMENT OF THE ARMY, THE FACT THAT YOU DID NOT RECEIVE AND NEGOTIATE THE CHECKS IS NOT NOW CONTROLLING. PAYMENT OF YOUR CLAIM IS PROHIBITED BY THE ACT OF JUNE 22, 1926, BECAUSE IT IS ON ACCOUNT OF CHECKS WHICH APPEAR TO HAVE BEEN PAID BY THE TREASURER OF THE UNITED STATES AND YOUR CLAIM WAS NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS AFTER THE DATE OF THE ISSUANCE OF THE CHECKS. SECTION 2 OF THAT ACT PROVIDES SPECIFICALLY THAT A CLAIM ON ACCOUNT OF A CHECK APPEARING TO HAVE BEEN PAID SHALL BE BARRED IF THE CLAIM IS NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS AFTER THE DATE OF ISSUANCE OF THE CHECK.

THE INITIAL INQUIRY RECEIVED BY US AS TO THE NONRECEIPT OF THE CHECKS WAS A LETTER FROM THE VETERANS SERVICE AGENCY DATED OCTOBER 5, 1954--- WHICH IS MORE THAN SIX YEARS AFTER THE ISSUANCE OF THE CHECKS. THE FILING OF A CLAIM IN THE DEPARTMENT OF THE ARMY WITHIN THE PRESCRIBED TIME DOES NOT MEET THE STATUTORY REQUIREMENT IF THE CLAIM IS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE PRESCRIBED PERIOD. WHILE IT IS UNFORTUNATE THAT YOUR CLAIM WAS NOT RECEIVED HERE WITHIN THE SIX YEAR PERIOD FOLLOWING THE ISSUANCE OF THE CHECKS, THE STATUTE PROVIDES FOR NO EXCEPTIONS AND OUR OFFICE HAS NO AUTHORITY TO WAIVE OR IGNORE THE CLEAR PROVISIONS OF THAT ACT.

ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM WAS CORRECT AND MUST BE SUSTAINED.