B-126328, JAN. 4, 1956

B-126328, JAN. 4, 1956

TO MR. ARCHIE W. BREEDLOVE:

REFERENCE IS MADE TO A LETTER DATED DECEMBER 2, 1955, WRITTEN IN YOUR BEHALF BY MR. PEYTON G. JEFFERSON, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR THE PROCEEDS OF TREASURY CHECK NO. 41,540,789 DRAWN TO YOUR ORDER ON DECEMBER 6, 1946, FOR $250.50, BY E. J. BRENNAN, DISBURSING OFFICER, SYMBOL NO. 200. YOUR CLAIM WAS DISALLOWED BY OUR SETTLEMENT DATED JULY 15, 1955, FOR THE REASON THAT IT WAS NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN THE TIME LIMITATION SPECIFIED BY SECTION 2 OF THE ACT OF JUNE 22, 1926, 44 STAT. 761, 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.'

AS EXPLAINED IN THE ABOVE-MENTIONED SETTLEMENT AND IN OUR LETTER TO CONGRESSMAN W. M. ABBITT, DATED SEPTEMBER 21, 1955, THE CHECK, WHICH REPRESENTED RETIREMENT DEDUCTIONS MADE FROM YOUR PAY WHILE A FEDERAL EMPLOYEE, WAS ADDRESSED TO ARCHIE W. BREEDLOVE, ROUTE 1, VICTORIA, VIRGINIA, PURSUANT TO A DULY EXECUTED APPLICATION FILED WITH THE UNITED STATES CIVIL SERVICE COMMISSION ON AUGUST 23, 1946. THE CHECK IS REPORTED TO HAVE BEEN NEGOTIATED IN DUE COURSE AND PAID BY THE TREASURER OF THE UNITED STATES. THE CLAIM FIRST CAME TO THE ATTENTION OF THE GENERAL ACCOUNTING OFFICE ON MAY 11, 1955, WHEN THERE WAS RECEIVED HERE BY REFERENCE FROM THE TREASURER OF THE UNITED STATES, YOUR COMPLETED QUESTIONNAIRE WHICH IS SHOWN TO HAVE BEEN FORWARDED TO YOU FOR EXECUTION ON APRIL 6, 1955, BY THE RETIREMENT DIVISION, CIVIL SERVICE COMMISSION.

ALTHOUGH THE CHECK HAS BEEN DESTROYED PURSUANT TO LAW AND IS NOT AVAILABLE FOR EXAMINATION AS TO THE INDORSEMENTS THEREON, SINCE IT IS SHOWN TO HAVE BEEN PAID AND YOUR CLAIM FOR THE PROCEEDS OF SUCH CHECK WAS NOT RECEIVED HERE UNTIL APPROXIMATELY EIGHT YEARS AFTER THE ISSUANCE THEREOF, FURTHER CONSIDERATION OF THE MATTER BY OUR OFFICE IS PRECLUDED BY THE MANDATORY PROVISIONS OF THE ABOVE-QUOTED STATUTE.

WHETHER YOU RECEIVED AND NEGOTIATED THE CHECK IS NOT THE CONTROLLING FACTOR. PAYMENT OF YOUR CLAIM IS PROHIBITED BY STATUTE BECAUSE IT IS ON ACCOUNT OF A CHECK WHICH APPEARS 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 ISSUANCE OF THE CHECK. THE STATUTE IS CLEAR AND PROVIDES FOR NO EXCEPTIONS. OF COURSE, OUR OFFICE HAS NO AUTHORITY TO WAIVE THE PROVISIONS OF THE STATUTE, OR MAKE EXCEPTIONS THERETO.

RELATIVE TO THE CONTENTION THAT YOU DID NOT APPLY FOR REFUND OF RETIREMENT DEDUCTIONS "UNTIL IN THE FALL OF 1954," AND THAT YOU HAD NO KNOWLEDGE OF THE ISSUANCE OF THE CHECK REFERRED TO HEREIN, YOU ARE INFORMED THAT SUCH REFUNDS ARE MADE ONLY PURSUANT TO DULY EXECUTED APPLICATIONS THEREFOR, AND INFORMAL ADVICE FROM THE UNITED STATES CIVIL SERVICE COMMISSION DISCLOSES THAT THE TWO PERSONS NAMED BELOW, BOTH OF WHOM WERE EMPLOYEES OF THE NAVAL SUPPLY DEPOT, CHEATHAM ANNEX, WILLIAMSBURG, VIRGINIA, WITNESSED YOUR APPLICATION:

VIRGINIA A. BURNETTE

EARL L. BOWES

THUS, IT NOW APPEARS THAT YOU SUBMITTED THE NECESSARY APPLICATION FOR RETIREMENT DEDUCTIONS ALTHOUGH YOU MAY HAVE NO RECOLLECTION AT THIS TIME OF HAVING EXECUTED SUCH AN APPLICATION.

ACCORDINGLY, UPON REVIEW THE SETTLEMENT DATED JULY 15, 1955, IS FOUND CORRECT AND IS SUSTAINED.