B-133931, NOV. 22, 1957

B-133931: Nov 22, 1957

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MATEO: FURTHER REFERENCE IS MADE TO YOUR LETTER POSTMARKED SEPTEMBER 19. IN THAT LETTER YOU WERE ADVISED THAT THE RECORDS SHOW THAT YOU HAVE BEEN PAID FOR SERVICES RENDERED BY YOU DURING THAT PERIOD AS FOLLOWS: (1) DECEMBER 8. THAT YOU HAVE NOT RECEIVED THE OTHER AMOUNTS REFERRED TO IN THE LETTER. WAS PAID TO YOU IN CASH ON VOUCHER NO. 6018. SINCE YOUR CLAIM OF NONPAYMENT FOR THAT PERIOD WAS NOT RECEIVED IN OUR OFFICE UNTIL MARCH 29. IT IS BARRED BY THE PROVISIONS OF THE ACT OF OCTOBER 9. SUCH CLAIM MAY BE PRESENTED WITHIN FIVE YEARS AFTER PEACE IS ESTABLISHED.'. WAS COVERED BY VOUCHER NO. 1868. WAS DRAWN TO YOUR ORDER BY THAT DISBURSING OFFICER. PRESUMABLY YOUR WHEREABOUTS WAS UNKNOWN AT THE TIME THE CHECK WAS ISSUED AND FOR THAT REASON IT WAS FORWARDED TO OUR OFFICE FOR SAFEKEEPING.

B-133931, NOV. 22, 1957

TO MR. NICHOLAS B. MATEO:

FURTHER REFERENCE IS MADE TO YOUR LETTER POSTMARKED SEPTEMBER 19, 1957, IN EFFECT REQUESTING A REVIEW OF THE ACTION TAKEN IN OUR LETTER DATED AUGUST 9, 1957, WHICH DENIED YOUR CLAIM FOR UNPAID COMPENSATION BELIEVED DUE YOU AS A CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE ARMY FOR THE PERIOD FROM DECEMBER 4, 1941, THROUGH JULY 2, 1942. IN THAT LETTER YOU WERE ADVISED THAT THE RECORDS SHOW THAT YOU HAVE BEEN PAID FOR SERVICES RENDERED BY YOU DURING THAT PERIOD AS FOLLOWS: (1) DECEMBER 8, 1941, TO FEBRUARY 5, 1942, $48.33; (2) MARCH 1 TO 31, 1942, $25; AND (3) APRIL 1 TO JULY 2, 1942, $76.67.

YOU SAY THAT YOU RECEIVED THE AMOUNT OF $25, COVERING THE PERIOD FROM MARCH 1 TO 31, 1942, BUT THAT YOU HAVE NOT RECEIVED THE OTHER AMOUNTS REFERRED TO IN THE LETTER.

THE RECORDS SHOW THAT THE AMOUNT OF $48.33 DUE YOU FOR THE PERIOD FROM DECEMBER 8, 1941, TO FEBRUARY 5, 1942, WAS PAID TO YOU IN CASH ON VOUCHER NO. 6018, APRIL 1942 ACCOUNTS OF J. R. VANCE. SINCE YOUR CLAIM OF NONPAYMENT FOR THAT PERIOD WAS NOT RECEIVED IN OUR OFFICE UNTIL MARCH 29, 1957, IT IS BARRED BY THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061. SECTION 1 OF THAT ACT 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: PROVIDED, THAT WHEN A CLAIM OF ANY PERSON SERVING IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES ACCRUES IN TIME OF WAR, OR WHEN WAR INTERVENES WITHIN FIVE YEARS AFTER ITS ACCRUAL, SUCH CLAIM MAY BE PRESENTED WITHIN FIVE YEARS AFTER PEACE IS ESTABLISHED.'

YOUR COMPENSATION FOR THE PERIOD FROM APRIL 1 TO JULY 2, 1942, INCLUDING TERMINAL LEAVE FROM JUNE 27 TO JULY 2, 1942, WAS COVERED BY VOUCHER NO. 1868, JANUARY 1946 ACCOUNTS OF CARL GLICK, AND CHECK NO. 6,603,204, DATED JANUARY 25, 1946, FOR $76.67, WAS DRAWN TO YOUR ORDER BY THAT DISBURSING OFFICER. PRESUMABLY YOUR WHEREABOUTS WAS UNKNOWN AT THE TIME THE CHECK WAS ISSUED AND FOR THAT REASON IT WAS FORWARDED TO OUR OFFICE FOR SAFEKEEPING. SUBSEQUENTLY, IN ACCORDANCE WITH THE PROVISIONS OF THE ACT OF JULY 11, 1947, 61 STAT. 308, THE AMOUNT OF THE CHECK WAS TRANSFERRED FROM THE ACCOUNT OF THE DRAWER OR THE ACCOUNT AVAILABLE FOR THE PAYMENT THEREOF, TO A SPECIAL DEPOSIT ACCOUNT ON THE BOOKS OF THE TREASURER OF THE UNITED STATES. YOUR CLAIM ON ACCOUNT OF SUCH CHECK WAS RECEIVED IN OUR OFFICE ON MARCH 29, 1957, AT WHICH TIME THE CHECK WAS OVER TEN YEARS OLD. THE BARRING ACT OF OCTOBER 9, 1940, HAD NO APPLICATION TO THAT PART OF YOUR CLAIM, HOWEVER, SINCE THE ACT OF JULY 11, 1947, NOT ONLY PROVIDES FOR PAYMENT OF CHECKS OVER TEN YEARS OLD BY A SETTLEMENT OF OUR OFFICE BUT ALSO PROVIDES THAT THE LIMITATIONS IMPOSED BY THE BARRING ACT SHALL NOT BE DEEMED TO APPLY TO SUCH CHECKS.

ACCORDINGLY, CHECK NO. 6,603,204 WAS CANCELLED AND A SETTLEMENT DATED MAY 3, 1957, IN THE AMOUNT OF $76.67, WAS STATED IN YOUR FAVOR BY OUR OFFICE. THE TREASURY DEPARTMENT HAS ADVISED US INFORMALLY THAT CHECK NO. 3,410,516, DATED JUNE 25, 1957, FOR $76.67, DRAWN BY J. F. CANNON, WAS ISSUED PURSUANT TO SUCH SETTLEMENT AND THAT THE CHECK HAS NOT BEEN RETURNED UNCLAIMED. IF YOU HAVE NOT RECEIVED THE CHECK, YOU MAY MAKE INQUIRY TO THE TREASURY DEPARTMENT, LOST CHECK SECTION, LIBERTY LOAN BUILDING, ROOM 522, 14TH AND D STREETS, S.W., WASHINGTON 25, D.C. ..END :