B-140964, OCT. 21, 1959

B-140964: Oct 21, 1959

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A CHECK IN PAYMENT OF AN INSURANCE DIVIDEND IN THE AMOUNT OF $209 WAS ISSUED TO YOU BY THE VETERANS ADMINISTRATION. THE RECORDS FURTHER INDICATE THAT THIS CHECK WAS NEGOTIATED IN DUE COURSE AND PAID BY THE TREASURY AND HAS BEEN DESTROYED PURSUANT TO LAW. SAID SECTION IS CODIFIED AT 31 U.S.C. 122 AND PROVIDES IN PERTINENT PART AS FOLLOWS: "HEREAFTER ALL CLAIMS ON ACCOUNT OF ANY CHECK. OR WARRANTS APPEARING FROM THE RECORDS OF THE GENERAL ACCOUNTING OFFICE OR THE TREASURY DEPARTMENT TO HAVE BEEN PAID. SUBSEQUENTLY THE MATTER WAS REFERRED TO OUR OFFICE FOR FINAL DISPOSITION. OUR OFFICE WROTE TO YOU EXPLAINING THAT YOUR CLAIM WAS BARRED BY THE PROVISION OF THE ABOVE QUOTED LAW BECAUSE OF YOUR FAILURE TO FILE CLAIM WITHIN SIX YEARS FROM THE DATE THE CHECK WAS ISSUED.

B-140964, OCT. 21, 1959

TO MR. JAMES COGER, E-3696:

ON SEPTEMBER 22, 1959, YOU WROTE TO THE GENERAL ACCOUNTING OFFICE PROTESTING THE ACTION OF OUR OFFICE OF SEPTEMBER 17, 1959, IN DISALLOWING YOUR CLAIM FOR $209.

OUR RECORDS SHOW THAT ON FEBRUARY 9, 1950, A CHECK IN PAYMENT OF AN INSURANCE DIVIDEND IN THE AMOUNT OF $209 WAS ISSUED TO YOU BY THE VETERANS ADMINISTRATION. THE RECORDS FURTHER INDICATE THAT THIS CHECK WAS NEGOTIATED IN DUE COURSE AND PAID BY THE TREASURY AND HAS BEEN DESTROYED PURSUANT TO LAW.

ON DECEMBER 10, 1958, YOU WROTE TO THE VETERANS ADMINISTRATION DISTRICT OFFICE IN PHILADELPHIA, PENNSYLVANIA, APPARENTLY EXPLAINING THAT YOU HAD NOT RECEIVED THE SUBJECT CHECK. YOU THEN WROTE TO THE TREASURER OF THE UNITED STATES AND THE TREASURER DISALLOWED YOUR CLAIM BECAUSE IT HAD NOT BEEN FILED WITHIN THE PRESCRIBED LIMITS OF SECTION 2 OF THE ACT OF JUNE 22, 1926, AS AMENDED. SAID SECTION IS CODIFIED AT 31 U.S.C. 122 AND PROVIDES IN PERTINENT PART AS FOLLOWS:

"HEREAFTER ALL CLAIMS ON ACCOUNT OF ANY CHECK, CHECKS, WARRANT, OR WARRANTS APPEARING FROM THE RECORDS OF THE GENERAL ACCOUNTING OFFICE OR THE TREASURY DEPARTMENT TO HAVE BEEN PAID, SHALL BE BARRED IF NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE OR THE TREASURER OF THE UNITED STATES WITHIN SIX YEARS AFTER THE DATE OF ISSUANCE OF THE CHECK, CHECKS, WARRANT, OR WARRANTS INVOLVED. * * *"

YOU PROTESTED THE ACTION OF THE TREASURY DEPARTMENT IN LETTERS DATED MARCH 6 AND 23, 1959. SUBSEQUENTLY THE MATTER WAS REFERRED TO OUR OFFICE FOR FINAL DISPOSITION.

IN LETTERS OF MAY 1 AND SEPTEMBER 17, 1959, OUR OFFICE WROTE TO YOU EXPLAINING THAT YOUR CLAIM WAS BARRED BY THE PROVISION OF THE ABOVE QUOTED LAW BECAUSE OF YOUR FAILURE TO FILE CLAIM WITHIN SIX YEARS FROM THE DATE THE CHECK WAS ISSUED.

THE APPLICABLE LAW IS CLEAR ON THIS MATTER AND THERE IS NO POWER IN THIS OFFICE TO WAIVE THE OBVIOUS LIMITATION IMPOSED BY 31 U.S.C. 122. ACCORDINGLY, AS WE HAVE NO AUTHORITY TO GIVE FURTHER CONSIDERATION TO YOUR CLAIM WE MUST ADVISE THAT ANY FUTURE CONTACT WITH OUR OFFICE CONCERNING THIS MATTER, AS INFERRED IN YOUR LETTER OF SEPTEMBER 22, 1959, WILL SERVE NO USEFUL PURPOSE.