B-127983, MAY 31, 1956

B-127983, MAY 31, 1956

TO MR. WILLIAM BONNER, JR.:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 30, 1956, CONCERNING OUR SETTLEMENT DATED JUNE 16, 1954, WHICH DISALLOWED YOUR CLAIM FOR THE PROCEEDS OF TREASURY CHECKS NOS. 744,498 AND 1,388,854 FOR $100 EACH DRAWN JANUARY 15 AND FEBRUARY 16, 1946, TO THE ORDER OF WILLIAM BONNER, JR., BY MAJOR E. M. BUCKER AND LIEUTENANT COLONEL B. B. CALL AWAY, FINANCE OFFICERS, UNITED STATES ARMY, SYMBOLS 210,833 AND 210,949, RESPECTIVELY.

PAYMENT OF YOUR CLAIM WAS DENIED FOR THE REASON THAT IT WAS NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE FOR CONSIDERATION WITHIN THE "SIX YEAR" 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.'

THE ABOVE-MENTIONED CHECKS, WHICH REPRESENT THE SECOND AND THIRD INSTALLMENTS DUE YOU FOR MUSTERING-OUT PAY, ARE SHOWN TO HAVE BEEN NEGOTIATED IN DUE COURSE AND PAID BY THE TREASURER OF THE UNITED STATES. THE CHECKS CONTAIN WHAT PURPORTS TO BE THE INDORSEMENTS SHOWN BELOW:

CHART

CHECK NO. 744,498 CHECK NO. 1,388,854 1. WILLIAM E. BONNER, JR. 1. WILLIAM E. BONNER, JR. 2. (LARAMIE S. CALENON OR 2. A. O. PULLIAM

(TURNMIE E. COLENON 3. BARNES 3. UNION PLANTERS BAND AND

TRUST CO., MEMPHIS, TENN. 4. D. LIFSHITZ

4. SOMERVILLE BAND AND TRUST

CO., SOMMERVILLE, TENN. 5. THE DETROIT BANK

DETROIT, MICHIGAN

AS BOTH CHECKS HAVE BEEN NEGOTIATED AND PAID, AND YOUR CLAIM FOR THE PROCEEDS THEREOF WAS NOT RECEIVED HERE UNTIL JANUARY 7, 1954, THAT IS, AFTER THE EXPIRATION OF THE TIME LIMITATION PRESCRIBED BY THE QUOTED STATUTORY PROVISION, FURTHER CONSIDERATION OF THE MATTER NOW IS PRECLUDED BY THIS OFFICE. WHETHER YOU RECEIVED OR NEGOTIATED THE CHECKS IS NOT A CONTROLLING FACTOR. THE ABOVE-QUOTED PROVISION OF THE STATUTE IS CONVINCINGLY CLEAR AND PROVIDES FOR NO EXCEPTIONS, AND THE FACT THAT BEFORE THE EXPIRATION OF THE "SIX YEAR" STATUTORY PERIOD YOU MAY HAVE HAD CORRESPONDENCE WITH SOME PRIVATE ORGANIZATION, INDIVIDUAL, OR GOVERNMENTAL AGENCY OTHER THAN THE GENERAL ACCOUNTING OFFICE CONCERNING SUCH CHECKS, AFFORDS NO BASIS OR AUTHORITY FOR THIS OFFICE TO WAIVE OR DISREGARD THE MANDATORY PROVISIONS THEREOF.

ACCORDINGLY, UPON FURTHER REVIEW, THE SETTLEMENT DATED JUNE 16, 1954, IS FOUND CORRECT AND MUST BE AND IS SUSTAINED.