B-127308, MAR. 29, 1957

B-127308: Mar 29, 1957

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HILARIO: WE HAVE REVIEWED OUR OFFICE SETTLEMENT OF JULY 5. YOU ALLEGE YOU NEVER RECEIVED THE TWO CHECKS ISSUED IN 1945 WHICH THE RECORDS OF THE UNITED STATES GOVERNMENT INDICATE WERE NEGOTIATED AND PAID IN DUE COURSE. PRECLUDES RECOGNITION OF A CLAIM ON ACCOUNT OF ANY CHECK APPEARING TO HAVE BEEN PAID IF THE CLAIM IS NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN 6 YEARS AFTER THE DATE OF ISSUANCE OF THE CHECK. SINCE YOUR CLAIM WAS NOT RECEIVED HERE WITHIN SIX YEARS OF THE ISSUANCE OF THE CHECKS INVOLVED THAT ACT IS APPLICABLE TO YOUR CASE. WE HAVE NO ALTERNATIVE BUT TO SUSTAIN THE SETTLEMENT OF JULY 5.

B-127308, MAR. 29, 1957

TO MR. LEONARDO P. HILARIO:

WE HAVE REVIEWED OUR OFFICE SETTLEMENT OF JULY 5, 1955, WHICH DISALLOWED YOUR CLAIM FOR THE PROCEEDS OF THE TWO CHECKS, NO. 6346420, DATED AUGUST 10, 1945, IN THE AMOUNT OF $820.80, AND NO. 6546989, DATED OCTOBER 4, 1945, IN THE AMOUNT OF $57.60, COVERING THE COMPENSATION AND LEAVE PAYMENT DUE YOU INCIDENT TO YOUR FORMER EMPLOYMENT WITH THE DEPARTMENT OF THE ARMY.

YOU ALLEGE YOU NEVER RECEIVED THE TWO CHECKS ISSUED IN 1945 WHICH THE RECORDS OF THE UNITED STATES GOVERNMENT INDICATE WERE NEGOTIATED AND PAID IN DUE COURSE. HOWEVER, AN ACT OF THE CONGRESS DATED JUNE 22, 1926, 31 U.S.C. 122, PRECLUDES RECOGNITION OF A CLAIM ON ACCOUNT OF ANY CHECK APPEARING TO HAVE BEEN PAID IF THE CLAIM IS NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN 6 YEARS AFTER THE DATE OF ISSUANCE OF THE CHECK. SINCE YOUR CLAIM WAS NOT RECEIVED HERE WITHIN SIX YEARS OF THE ISSUANCE OF THE CHECKS INVOLVED THAT ACT IS APPLICABLE TO YOUR CASE.

ACCORDINGLY, WE HAVE NO ALTERNATIVE BUT TO SUSTAIN THE SETTLEMENT OF JULY 5, 1955, DISALLOWING YOUR CLAIM.