B-132094, JUL. 2, 1957

B-132094: Jul 2, 1957

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JOHN FRANK KENNIS: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 15. WHICH CLAIM WAS DISALLOWED BY OUR SETTLEMENT DATED MAY 8. THE DISALLOWANCE OF PART OF THE CLAIM WAS BASED UPON THE FACT THAT AVAILABLE RECORDS INDICATE BOTH ALLOWANCE CHECKS FOR JANUARY AND FEBRUARY 1943 WERE NEGOTIATED IN DUE COURSE AND PAID BY THE TREASURER OF THE UNITED STATES. THAT YOUR CLAIM WAS NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS AFTER THE DATE OF ISSUANCE OF THE CHECKS. WHICH IS FOR A FAMILY ALLOWANCE CHECK FOR DECEMBER 1942. WAS CONTROLLED BY THE PROVISIONS OF A STATUTE PREVENTING CONSIDERATION BY THIS OFFICE OF A CLAIM PRESENTED MORE THAN 10 YEARS AFTER SUCH CLAIM FIRST ACCRUED. YOU SAY THAT THE DELAY IN SUBMITTING YOUR CLAIM WAS NOT YOUR FAULT.

B-132094, JUL. 2, 1957

TO MRS. JOHN FRANK KENNIS:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 15, 1957, RELATING TO YOUR CLAIM FOR FAMILY ALLOWANCE FOR DECEMBER 1942 AND JANUARY AND FEBRUARY 1943 INCIDENT TO THE SERVICE OF YOUR HUSBAND, JOHN FRANK KENNIS, IN THE ARMY OF THE UNITED STATES, WHICH CLAIM WAS DISALLOWED BY OUR SETTLEMENT DATED MAY 8, 1957.

THE DISALLOWANCE OF PART OF THE CLAIM WAS BASED UPON THE FACT THAT AVAILABLE RECORDS INDICATE BOTH ALLOWANCE CHECKS FOR JANUARY AND FEBRUARY 1943 WERE NEGOTIATED IN DUE COURSE AND PAID BY THE TREASURER OF THE UNITED STATES, AND THAT YOUR CLAIM WAS NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS AFTER THE DATE OF ISSUANCE OF THE CHECKS. DISALLOWANCE OF THE OTHER PART OF YOUR CLAIM, WHICH IS FOR A FAMILY ALLOWANCE CHECK FOR DECEMBER 1942, WAS CONTROLLED BY THE PROVISIONS OF A STATUTE PREVENTING CONSIDERATION BY THIS OFFICE OF A CLAIM PRESENTED MORE THAN 10 YEARS AFTER SUCH CLAIM FIRST ACCRUED.

IN YOUR LETTER OF MAY 15, 1957, YOU SAY THAT THE DELAY IN SUBMITTING YOUR CLAIM WAS NOT YOUR FAULT; THAT YOU ARE ENTITLED TO A CHECK FOR DECEMBER 1942, IN SPITE OF THE INFORMATION FURNISHED BY THE DEPARTMENT OF THE ARMY, AND THAT SINCE YOU ALLEGE NONRECEIPT OF THE CHECKS YOU DESIRE TO KNOW WHO FORGED YOUR NAME TO THE CHECKS ISSUED.

WHILE THE CHECKS HAVE BEEN DESTROYED PURSUANT TO LAW AND NO POSITIVE DETERMINATION CAN BE MADE AS TO WHETHER THEY WERE PROPERLY NEGOTIATED BY YOU OR WRONGFULLY NEGOTIATED BY ANOTHER, SUCH AN ISSUE IS NOT NOW CONTROLLING. MOREOVER, THE REASONS FOR YOUR DELAY AND THE ALLEGED DISCREPANCY BETWEEN YOUR RECORDS AND THE INFORMATION SUPPLIED BY THE DEPARTMENT OF THE ARMY AFFORD NO BASIS FOR CONSIDERING YOUR CLAIMS. SECTION 2 OF THE ACT OF JUNE 22, 1926, 44 STAT. 761, 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.'

YOUR CLAIM FOR THE TWO CHECKS THAT HAVE BEEN NEGOTIATED AND DESTROYED FALLS SQUARELY WITHIN THE PROVISIONS OF THE STATUTE AND IS CLEARLY BARRED. ALSO, REGARDING YOUR CLAIM FOR FAMILY ALLOWANCE FOR DECEMBER 1942, SECTION 1 OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, PROVIDES---

"THAT EVERY CLAIM OR DEMAND (EXCEPT A CLAIM OR DEMAND BY ANY STATE, TERRITORY, POSSESSION OR THE DISTRICT OF COLUMBIA) AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE UNDER SECTION 305 OF THE BUDGET AND ACCOUNTING ACT OF JUNE 10, 1921 (42 STAT. 24), AND THE ACT OF APRIL 10, 1928 (45 STAT. 413), SHALL BE FOREVER BARRED UNLESS SUCH CLAIM, BEARING THE SIGNATURE AND ADDRESS OF THE CLAIMANT OR OF AN AUTHORIZED AGENT OR ATTORNEY, SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED: * * *"

SINCE YOUR CLAIM WAS NOT RECEIVED IN THIS OFFICE UNTIL 1957, WE ARE PRECLUDED BY THESE STATUTES FROM CONSIDERING EITHER PART OF YOUR CLAIM AT THIS TIME. AND THAT IS SO EVEN THOUGH YOU MAY HAVE FILED A CLAIM IN SOME OTHER OFFICE OR DEPARTMENT WITHIN THE PRESCRIBED PERIODS.

ACCORDINGLY, THE ACTION TAKEN BY OUR OFFICE ON YOUR CLAIM IS CORRECT AND THE SETTLEMENT OF MAY 8, 1957, IS SUSTAINED.