B-125867, JAN. 31, 1956

B-125867: Jan 31, 1956

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RETIRED: REFERENCE IS MADE TO YOUR LETTERS OF SEPTEMBER 27 AND 28. THE RECORDS SHOW THAT WHILE YOU WERE AT FORT MACARTHUR. YOU WERE PAID ON VOUCHER NO. 22978. A PHOTOSTATIC COPY OF THE VOUCHER IS ENCLOSED. YOU WERE A TECHNICAL SERGEANT AND THAT YOU COMPLETED 18 YEARS OF SERVICE ON JANUARY 31. YOU WERE DUE A MONETARY ALLOWANCE IN LIEU OF QUARTERS FOR YOUR DEPENDENT WIFE FOR THE 153-DAY PERIOD FROM SEPTEMBER 29. THE TOTAL AMOUNT DUE FOR THE PERIOD INVOLVED WAS $918.95 ($727.70 PLUS $191.25). WAS $133.30 (THE DIFFERENCE BETWEEN $918.95 AND $785.65). YOU WERE PAID THE SUM OF $133.30 BY CHECK NO. 501. OUR RECORDS INDICATE THAT THE CHECK WAS NEGOTIATED IN DUE COURSE AND PAID BY THE TREASURER OF THE UNITED STATES AND THAT.

B-125867, JAN. 31, 1956

TO TECHNICAL SERGEANT BURIES PAUL, USA, RETIRED:

REFERENCE IS MADE TO YOUR LETTERS OF SEPTEMBER 27 AND 28, 1955, IN EFFECT REQUESTING REVIEW OF OUR SETTLEMENT DATED SEPTEMBER 15, 1955, WHICH DISALLOWED YOUR CLAIM FOR PAY AND ALLOWANCES BELIEVED DUE YOU FROM SEPTEMBER 29 TO DECEMBER 30, 1945, INCIDENT TO YOUR SERVICE AS A TECHNICAL SERGEANT IN THE UNITED STATES ARMY. ALSO, THERE HAS BEEN RECEIVED YOUR LETTER OF DECEMBER 29, 1955, TO THE DEPARTMENT OF THE ARMY, OFFICE OF THE ADJUTANT GENERAL, WASHINGTON 25, D.C., CONCERNING THE SAME MATTER.

THE RECORDS SHOW THAT WHILE YOU WERE AT FORT MACARTHUR, CALIFORNIA, IN JANUARY 1946, YOU WERE PAID ON VOUCHER NO. 22978, JANUARY 1946 ACCOUNTS OF W. S. ROBINSON, IN CASH, THE SUM OF $61.38, REPRESENTING FURLOUGH RATIONS OF $0.66 A DAY FOR THE 93-DAY PERIOD FROM SEPTEMBER 29 TO DECEMBER 30, 1945. A PHOTOSTATIC COPY OF THE VOUCHER IS ENCLOSED.

IT APPEARS THAT DURING THE PERIOD FROM SEPTEMBER 29, 1945, TO FEBRUARY 28, 1946, YOU WERE A TECHNICAL SERGEANT AND THAT YOU COMPLETED 18 YEARS OF SERVICE ON JANUARY 31, 1946. THUS, YOUR PAY ACCRUED AT THE RATE OF $142.50 A MONTH FROM SEPTEMBER 29, 1945, TO JANUARY 31, 1946, IN THE AMOUNT OF $579.50, AND IN THE AMOUNT OF $148.20 FOR THE MONTH OF FEBRUARY 1946, A TOTAL OF $727.70. YOU WERE DUE A MONETARY ALLOWANCE IN LIEU OF QUARTERS FOR YOUR DEPENDENT WIFE FOR THE 153-DAY PERIOD FROM SEPTEMBER 29, 1945, TO FEBRUARY 28, 1946, AT $1.25 A DAY, IN THE AMOUNT OF $191.25. THE TOTAL AMOUNT DUE FOR THE PERIOD INVOLVED WAS $918.95 ($727.70 PLUS $191.25). DEDUCTIONS FOR THE UNITED STATES SOLDIERS' HOME FUND FOR THE ENTIRE PERIOD AMOUNTED TO $0.55. YOUR CLASS N ALLOTMENT DEDUCTIONS, AT $7.02 A MONTH, FOR THE PERIOD FROM OCTOBER 1, 1945, TO FEBRUARY 28, 1946, AMOUNTED TO $35.10, AND YOUR CLASS E ALLOTMENT DEDUCTIONS, AT $150 A MONTH, FOR THE SAME PERIOD AMOUNTED TO $750, THE TOTAL OF ALL DEDUCTIONS BEING $785.65. THUS, THE NET AMOUNT DUE YOU FOR THE PERIOD FROM SEPTEMBER 29, 1945, TO FEBRUARY 28, 1946, WAS $133.30 (THE DIFFERENCE BETWEEN $918.95 AND $785.65). YOU WERE PAID THE SUM OF $133.30 BY CHECK NO. 501,835, ON VOUCHER NO. 24079, MARCH 1946 ACCOUNTS OF J. M. HAYS, JR., CAPTAIN, FINANCE DEPARTMENT, CAMP HOOD, TEXAS. OUR RECORDS INDICATE THAT THE CHECK WAS NEGOTIATED IN DUE COURSE AND PAID BY THE TREASURER OF THE UNITED STATES AND THAT, DUE TO ITS AGE, IT WAS DESTROYED PURSUANT TO LAW.

AS NO CLAIM FROM YOU CONCERNING THE MATTER WAS RECEIVED HERE IN THE GENERAL ACCOUNTING OFFICE UNTIL FEBRUARY 11, 1955, WHICH WAS MORE THAN SIX YEARS AFTER THE DATE OF THE ISSUANCE OF THE CHECK, FURTHER CONSIDERATION IS PRECLUDED 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.'

IN VIEW OF THE LAPSE OF TIME BETWEEN THE ISSUANCE OF THE CHECK AND THE FILING OF YOUR CLAIM AND IN VIEW OF THE FACT THAT YOU HAVE NOT ALLEGED NONRECEIPT OF PAY FOR JANUARY AND FEBRUARY 1946, IT WOULD APPEAR THAT YOU DID RECEIVE AND NEGOTIATE CHECK NO. 501,835, BUT THAT YOU HAVE FORGOTTEN THAT IT INCLUDED THE NET AMOUNT DUE YOU FOR THE PERIOD FROM SEPTEMBER 29 TO DECEMBER 31, 1945.