B-129471, OCT. 19, 1956

B-129471, OCT. 19, 1956

TO MR. EDWARD BLOOMINGBURG:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 18, 1956, RELATIVE TO YOUR CLAIM FOR THE PROCEEDS OF TREASURY (CIVIL SERVICE RETIREMENT) CHECK NO. 39,922,882, FOR $133.25, DRAWN TO YOUR ORDER ON JULY 26, 1946, BY E. J. BRENNAN, SYMBOL 200.

THE CLAIM WAS DISALLOWED BY OUR SETTLEMENT DATED APRIL 5, 1956, PURSUANT TO SECTION 2 OF THE ACT OF JUNE 22, 1926, 44 STAT. 761, WHICH PROVIDES THAT---

"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 YOUR LETTER, YOU STATE THAT WHEN YOUR GOVERNMENT SERVICE WAS TERMINATED YOU WERE NOT AWARE THAT YOU WERE ENTITLED TO A REFUND OF THE RETIREMENT MONEY DEDUCTED FROM YOUR SALARY AT THE TIME; THAT, THEREFORE, TO THE BEST OF YOUR RECOLLECTION, YOU DID NOT FILE AN APPLICATION FOR PAYMENT OF THE RETIREMENT MONEY PRIOR TO 1955.

THE RECORDS OF OUR OFFICE SHOW THAT THE CHECK REFERRED TO WAS NEGOTIATED AND PAID AND SUBSEQUENTLY DESTROYED PURSUANT TO LAW. WE ARE UNABLE, THEREFORE, TO SEND A PHOTOSTATIC COPY OF THE CHECK TO ENABLE YOU TO EXAMINE THE INDORSEMENT THEREON. THE RETIREMENT DIVISION, CIVIL SERVICE COMMISSION, HOWEVER, HAS INFORMALLY ADVISED OUR OFFICE THAT ONE EDWARD BLOOMINGBURG, BOX 354-A, CHANDLER, ARIZONA, DID IN FACT APPLY TO THE COMMISSION FOR THE PAYMENT IN QUESTION, ON JANUARY 18, 1946. THAT APPLICATION IS STATED TO HAVE BEEN WITNESSED BY HILDEGARD LAASCH, APARTMENT 38, ESCOBEDA, MESA, ARIZONA, AND ANN H. KENNEY, ROUTE 2, BOX 182, MESA, ARIZONA. FURTHER, IT IS REPORTED THAT THE SIGNATURE ON THE RECENT CLAIM FILED BY YOU FOR THE PROCEEDS OF THE CHECK, AFTER EXAMINATION AND COMPARISON, APPEARS TO BE SIMILAR TO THAT ON THE ORIGINAL APPLICATION.

YOUR CLAIM DATED NOVEMBER 21, 1955, ADDRESSED TO THE CHIEF DISBURSING OFFICER, DIVISION OF DISBURSEMENT, TREASURY DEPARTMENT, WAS FIRST RECEIVED IN OUR OFFICE ON JANUARY 25, 1956. THAT IS THE EARLIEST DATE ANY CORRESPONDENCE RELATIVE TO YOUR CLAIM WAS RECEIVED IN THE GENERAL ACCOUNTING OFFICE. SINCE BY JANUARY 25, 1956, MORE THAN SIX YEARS HAD EXPIRED FROM THE DATE OF THE ISSUANCE OF THE CHECK, WHICH OUR RECORDS SHOW WAS INDORSED AND PAID, WE REGRET THAT YOUR CLAIM FOR THE PROCEEDS THEREOF IS BARRED FROM CONSIDERATION BY OUR OFFICE UNDER THE TERMS OF THE ABOVE- QUOTED STATUTE, REGARDLESS OF WHETHER THE INSTRUMENT WAS FORGED OR BORE YOUR GENUINE INDORSEMENT.

SINCE IT APPEARS FROM THE RECORD OF THE CIVIL SERVICE COMMISSION THAT YOU DID APPLY FOR THE PAYMENT IN QUESTION, IT IS PERTINENT TO POINT OUT THAT IF YOU DID NOT RECEIVE THE CHECK, YOUR FAILURE TO TIMELY FOLLOW THROUGH ON YOUR CLAIM NOW HAS PLACED THE GOVERNMENT IN A POSITION IN WHICH IT CANNOT IN ANY EVENT HAVE RECOURSE AGAINST THE INDORSERS OF THE CHECK IF IT WAS NEGOTIATED ON A FORGED INDORSEMENT. SEE 31 U.S.C. 129, PROHIBITING ANY ATTEMPT BY THE UNITED STATES TO ENFORCE THE LIABILITY OF AN INDORSER ON A GOVERNMENT CHECK, UNLESS ACTION TO ENFORCE THE SAME OR NOTICE OF LIABILITY IS GIVEN THE INDORSER WITHIN SIX YEARS OF PRESENTATION OF THE CHECK TO THE TREASURER OF THE UNITED STATES FOR PAYMENT.

IN THE LIGHT OF THE FOREGOING, THE DISALLOWANCE OF YOUR CLAIM MUST BE AND IS SUSTAINED AND THERE APPEARS NO FURTHER ACTION WHICH PROPERLY MAY BE TAKEN BY OUR OFFICE IN THE MATTER.

WHILE THE CONSIDERATION OF YOUR CLAIM IS PRECLUDED BY OUR OFFICE, WE HAVE NO DOUBT THAT ANY ADDITIONAL INFORMATION DESIRED BY YOU PERTAINING TO THE APPLICATION DATED JANUARY 18, 1946, WILL BE FURNISHED UPON YOUR REQUEST THEREFOR TO THE RETIREMENT DIVISION, UNITED STATES CIVIL SERVICE COMMISSION, WASHINGTON 25, D.C., IN CONNECTION WITH WHICH REFERENCE SHOULD BE MADE TO CLAIM NO. CSR 3730876.