B-131921, JUN. 6, 1957

B-131921: Jun 6, 1957

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IT WAS NOT UNTIL 1947 THAT YOUR FATHER INFORMED YOU THAT HE HAD NOT RECEIVED THE ALLOTMENT CHECKS. YOU THEN FILED A CLAIM IN OUR OFFICE WHICH WAS DISALLOWED BY SETTLEMENT OF JUNE 22. FOR THE REASON THAT YOU WERE DISHONORABLY DISCHARGED BECAUSE OF DESERTION. YOU NOW URGE THAT UNDER WAR DEPARTMENT CIVILIAN CONSERVATION CORPS REGULATIONS UNPAID ALLOTMENTS WERE REQUIRED TO BE DEPOSITED TO THE ENROLLEE'S ACCOUNT AND THAT UNDER THE SAME REGULATIONS "DEPOSITS" WERE NOT FORFEITED ON DISHONORABLE DISCHARGE. THE RECORDS SHOW THAT THE ALLOTMENTS WERE MADE IN FAVOR OF YOUR FATHER AND THERE IS NO AVAILABLE EVIDENCE THAT ANY CHECKS ISSUED IN PAYMENT THEREOF WERE NOT PAID AS THE RECORDS HAVE BEEN DESTROYED PURSUANT TO LAW.

B-131921, JUN. 6, 1957

TO MR. JOSEPH R. MCKINNEY:

YOUR UNDATED LETTER RECEIVED HERE MAY 7, 1957, REQUESTS REOPENING OF YOUR CLAIM FOR PAY ALLEGED TO BE DUE YOU FOR SERVICES IN THE CIVILIAN CONSERVATION CORPS, APRIL 1939 TO JULY 1940. THE AMOUNT IN QUESTION ARISES FROM ALLOTMENTS MADE TO YOUR FATHER.

IT WAS NOT UNTIL 1947 THAT YOUR FATHER INFORMED YOU THAT HE HAD NOT RECEIVED THE ALLOTMENT CHECKS. YOU THEN FILED A CLAIM IN OUR OFFICE WHICH WAS DISALLOWED BY SETTLEMENT OF JUNE 22, 1948, FOR THE REASON THAT YOU WERE DISHONORABLY DISCHARGED BECAUSE OF DESERTION, WHICH ACT OF DESERTION FORFEITED ALL PAY AND ALLOWANCES DUE. YOU NOW URGE THAT UNDER WAR DEPARTMENT CIVILIAN CONSERVATION CORPS REGULATIONS UNPAID ALLOTMENTS WERE REQUIRED TO BE DEPOSITED TO THE ENROLLEE'S ACCOUNT AND THAT UNDER THE SAME REGULATIONS "DEPOSITS" WERE NOT FORFEITED ON DISHONORABLE DISCHARGE.

THE RECORDS SHOW THAT THE ALLOTMENTS WERE MADE IN FAVOR OF YOUR FATHER AND THERE IS NO AVAILABLE EVIDENCE THAT ANY CHECKS ISSUED IN PAYMENT THEREOF WERE NOT PAID AS THE RECORDS HAVE BEEN DESTROYED PURSUANT TO LAW. IN THAT REGARD, 31 U.S.C. 122 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.'

THUS, IN 1947, CLAIM FOR CHECKS ISSUED IN 1940 OR PRIOR THERETO WHICH MIGHT, ACCORDING TO THE RECORDS, HAVE BEEN PAID WOULD BE BARRED.

FURTHERMORE, IN 32 COMP. GEN. 107, OUR OFFICE HELD, QUOTING FROM THE SYLLABUS:

"WHILE GENERAL ACCOUNTING OFFICE REGULATIONS WHICH PROVIDE FOR REVIEW AT THE DISCRETION OF THE COMPTROLLER GENERAL OF A CLAIM SETTLED IN THIS OFFICE, UPON APPLICATION OF THE CLAIMANT OR HIS DULY AUTHORIZED ATTORNEY OR AGENT, DO NOT PLACE A SPECIFIC TIME LIMIT UPON REQUESTS FOR REVIEW, SUCH REQUESTS ARE REQUIRED TO BE RECEIVED WITHIN A REASONABLE TIME FROM THE DATE OF SETTLEMENT, SO THAT A REQUEST FOR REVIEW WHICH WAS NOT RECEIVED IN THIS OFFICE UNTIL APPROXIMATELY ONE YEAR AND EIGHT MONTHS AFTER THE DATE OF THE CLAIM SETTLEMENT MAY NOT BE REGARDED AS TIMELY, BUT MUST BE REGARDED AS A NEW CLAIM.'

AS YOUR PRESENT CLAIM IS THUS TO BE CONSIDERED AS A NEW CLAIM, IT WAS NOTIFIED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 YEARS AFTER THE CLAIM ACCRUED AND THEREFORE IS BARRED FROM CONSIDERATION BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061.