B-130176, JAN. 8, 1957

B-130176: Jan 8, 1957

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NICHOLAS FELEGY: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 19. THE CLAIM WAS DISALLOWED BY OUR SETTLEMENT CERTIFICATE DATED SEPTEMBER 21. 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. THE RECORDS OF OUR OFFICE SHOW THAT THE CHECKS INVOLVED WERE NEGOTIATED AND PAID AND SUBSEQUENTLY DESTROYED PURSUANT TO LAW. WE ARE UNABLE. WHEN THE ALLOTMENT WAS DISCONTINUED UPON YOUR REQUEST. THAT PAYMENTS WERE MADE IN THAT AMOUNT FROM MARCH 1945THROUGH SEPTEMBER 1945. WHEN THE ALLOTMENT ADMINISTRATIVELY WAS DISCONTINUED DUE TO YOUR DISCHARGE IN OCTOBER 1945. YOUR CLAIM WAS FORWARDED HERE BY THE TREASURER OF THE UNITED STATES BY LETTER DATED JULY 21.

B-130176, JAN. 8, 1957

TO MR. NICHOLAS FELEGY:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 19, 1956, REGARDING THE ACTION OF OUR CLAIMS DIVISION IN EFFECT DISALLOWING YOUR CLAIM FOR THE PROCEEDS OF 14 ARMY ALLOTMENT CHECKS DRAWN TO THE ORDER OF YOUR SISTER, IRENE FELEGY, DURING THE PERIOD FROM SEPTEMBER 1944 TO OCTOBER 1945.

THE CLAIM WAS DISALLOWED BY OUR SETTLEMENT CERTIFICATE DATED SEPTEMBER 21, 1955, PURSUANT TO SECTION 2 OF THE ACT OF JUNE 22, 1926, 44 STAT. 761, 31 U.S.C. 122, 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.'

THE RECORDS OF OUR OFFICE SHOW THAT THE CHECKS INVOLVED WERE NEGOTIATED AND PAID AND SUBSEQUENTLY DESTROYED PURSUANT TO LAW. WE ARE UNABLE, THEREFORE, TO SEND YOU PHOTOSTATIC COPIES OF THE CHECKS TO ENABLE YOU TO EXAMINE THE INDORSEMENTS THEREON. THE RECORDS OF THE DEPARTMENT OF THE ARMY SHOW, HOWEVER, THAT YOU AUTHORIZED AN ALLOTMENT IN THE AMOUNT OF $50 PER MONTH PAYABLE TO YOUR SISTER, IRENE FELEGY, EFFECTIVE AUGUST 1, 1944, THROUGH FEBRUARY 28, 1945, WHEN THE ALLOTMENT WAS DISCONTINUED UPON YOUR REQUEST. THE DEPARTMENT'S RECORDS FURTHER SHOW THAT YOU REAUTHORIZED AN ALLOTMENT IN THE AMOUNT OF $75 PER MONTH TO THE SAME PAYEE, EFFECTIVE MARCH 1, 1945, AND THAT PAYMENTS WERE MADE IN THAT AMOUNT FROM MARCH 1945THROUGH SEPTEMBER 1945, WHEN THE ALLOTMENT ADMINISTRATIVELY WAS DISCONTINUED DUE TO YOUR DISCHARGE IN OCTOBER 1945.

YOUR CLAIM WAS FORWARDED HERE BY THE TREASURER OF THE UNITED STATES BY LETTER DATED JULY 21, 1955, AND WAS RECEIVED JULY 22, 1955. THAT IS THE EARLIEST DATE ANY CORRESPONDENCE RELATIVE TO THE MATTER WAS RECEIVED IN THE GENERAL ACCOUNTING OFFICE. SINCE BY JULY 22, 1955, MORE THAN SIX YEARS HAD EXPIRED FROM THE DATE OF ISSUANCE OF THE CHECKS, 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 INSTRUMENTS BORE YOUR SISTER'S GENUINE INDORSEMENT.

SINCE IT APPEARS THAT YOU DID APPLY FOR THE ALLOTMENTS, IT IS PERTINENT TO POINT OUT THAT IF YOUR SISTER DID NOT RECEIVE THE CHECKS, THE FAILURE TIMELY TO FOLLOW THROUGH WITH A CLAIM NOW HAS PLACED THE GOVERNMENT IN A POSITION IN WHICH IT CANNOT IN ANY EVENT HAVE RECOURSE AGAINST THE INDORSERS OF THE CHECK. 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 TREASURY OF THE UNITED STATES FOR PAYMENT.

IN REGARD TO YOUR REFERENCE TO THE ACT OF JULY 7, 1943, 57 STAT. 380, IT MAY BE STATED THAT THIS STATUTE PROVIDES FOR THE DISPOSAL OF CERTAIN RECORDS OF THE UNITED STATES GOVERNMENT AND IS NOT IN CONFLICT WITH THE ACT OF JUNE 22, 1926, 44 STAT. 761, REFERRED TO IN OUR SETTLEMENT.

ACCORDINGLY, UNDER THE FACT IN YOUR CASE, OUR SETTLEMENT OF SEPTEMBER 21, 1955, IS CORRECT AND MUST BE SUSTAINED AND WE ARE WITHOUT AUTHORITY TO FURTHER CONSIDER YOUR CLAIM.

WITH RESPECT TO YOUR REQUEST FOR INFORMATION RELATIVE TO WHETHER THIS IS YOUR FINAL ADMINISTRATIVE REMEDY, YOU MAY BE ADVISED THAT DECISIONS OF OUR OFFICE ARE FINAL AND CONCLUSIVE ON THE OFFICERS AND EMPLOYEES OF THE EXECUTIVE BRANCH OF THE GOVERNMENT; HENCE, THE FOREGOING DECISION IS NOT APPEALABLE TO ANY OTHER GOVERNMENT OFFICE. ALSO, AND ASIDE FROM THE FACT THAT THE ACT OF JUNE 22, 1926, 44 STAT. 761, 31 U.S.C. 122, IS BINDING ON THE COURTS AS WELL AS THIS OFFICE, IT APPEARS THAT YOU NOW ARE PRECLUDED FROM FILING A SUIT IN THE UNITED STATES COURTS, IF YOU DESIRED TO SEEK A REMEDY THERE. SEE 28 U.S.C. 2401 AND 2501. HOWEVER, AS STATED IN OUR LETTER DATED OCTOBER 2, 1956, TO YOU, THAT PORTION OF YOUR CLAIM PERTAINING TO YOUR UNITED STATES WAR SAVINGS BOND ACCOUNT IS FOR CONSIDERATION BY THE DEPARTMENT OF THE ARMY.