B-141028, OCT. 30, 1959

B-141028: Oct 30, 1959

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HAVE BEEN CONSIDERED AS A REQUEST FOR REVIEW OF OUR SETTLEMENT OF OCTOBER 2. YOU WERE ADVISED IN OUR SETTLEMENT OF OCTOBER 2. THAT A TRANSCRIPT OF YOUR ARMY PAY RECORDS WAS EXAMINED HERE. THAT IT DISCLOSED THAT DEDUCTIONS WERE MADE FROM YOUR PAY FROM OCTOBER 1917 THROUGH JULY 1918. THERE WAS NO RECORD OF THE SERIAL NUMBER OF SUCH BOND. NOR WAS THERE ANY EVIDENCE TO SHOW THAT THE BOND WAS REGISTERED. CONCERNING CASES OF THIS KIND INDICATES THAT LIBERTY BONDS PURCHASED THROUGH PAYROLL DEDUCTIONS WERE NOT REQUIRED TO BE ISSUED IN REGISTERED FORM AND FOR THE MOST PART WERE DELIVERED CURRENTLY TO THE PURCHASER. SINCE THESE SECURITIES ARE PAYABLE TO BEARER AND TITLE TO THEM PASSES BY DELIVERY WITHOUT ENDORSEMENT AND WITHOUT NOTICE TO THE TREASURY DEPARTMENT.

B-141028, OCT. 30, 1959

TO MR. WILLIAM T. HEUSER:

YOUR LETTERS OF OCTOBER 8, 19, AND 23, 1959, HAVE BEEN CONSIDERED AS A REQUEST FOR REVIEW OF OUR SETTLEMENT OF OCTOBER 2, 1959, WHICH DISALLOWED YOUR CLAIM FOR A LIBERTY LOAN BOND PURCHASED THROUGH PAYROLL DEDUCTIONS WHILE SERVING IN THE ARMY DURING WORLD WAR I.

YOU WERE ADVISED IN OUR SETTLEMENT OF OCTOBER 2, THAT A TRANSCRIPT OF YOUR ARMY PAY RECORDS WAS EXAMINED HERE, AND THAT IT DISCLOSED THAT DEDUCTIONS WERE MADE FROM YOUR PAY FROM OCTOBER 1917 THROUGH JULY 1918, IN THE TOTAL AMOUNT OF $49.75 FOR THE PURCHASE OF A LIBERTY LOAN BOND. THERE WAS NO RECORD OF THE SERIAL NUMBER OF SUCH BOND; NOR WAS THERE ANY EVIDENCE TO SHOW THAT THE BOND WAS REGISTERED. A REPORT FROM THE BUREAU OF THE PUBLIC DEBT, UNITED STATES TREASURY DEPARTMENT, CONCERNING CASES OF THIS KIND INDICATES THAT LIBERTY BONDS PURCHASED THROUGH PAYROLL DEDUCTIONS WERE NOT REQUIRED TO BE ISSUED IN REGISTERED FORM AND FOR THE MOST PART WERE DELIVERED CURRENTLY TO THE PURCHASER. THE TREASURY DEPARTMENT DOES NOT KEEP A RECORD OF THE INDIVIDUAL HOLDINGS OF SUCH BONDS, SINCE THESE SECURITIES ARE PAYABLE TO BEARER AND TITLE TO THEM PASSES BY DELIVERY WITHOUT ENDORSEMENT AND WITHOUT NOTICE TO THE TREASURY DEPARTMENT.

WE HAVE BEEN INFORMED BY THE DEPARTMENT OF THE ARMY IN RESPECT TO SUCH CASES THAT IN VIEW OF THE LENGTH OF TIME THAT HAS ELAPSED THE DEPARTMENT OF THE ARMY IS NOT IN A POSITION TO DETERMINE CONCLUSIVELY THAT A LIBERTY LOAN BOND WAS OR WAS NOT ISSUED TO A MEMBER WHO HAD DEDUCTIONS FROM HIS MILITARY PAY DURING THE PERIOD 1917 THROUGH 1919.

THE ACCOUNTING OFFICERS OF THE GOVERNMENT, IN THE ABSENCE OF CLEAR AND SATISFACTORY EVIDENCE OF THE VALIDITY AND NONPAYMENT OF A CLAIM, HAVE CONSISTENTLY REFUSED TO ALLOW A CLAIM WHERE THE CLAIMANT HAS SLEPT ON HIS RIGHTS FOR LONG PERIODS OF YEARS. INASMUCH AS YOU FAILED TO PRESENT YOUR CLAIM FOR APPROXIMATELY 40 YEARS, DURING WHICH PERIOD THE RECORDS NECESSARY EITHER TO JUSTIFY OR REFUTE YOUR CLAIM HAVE BEEN DESTROYED PURSUANT TO LAW OR HAVE OTHERWISE BECOME UNAVAILABLE, THERE IS NO ALTERNATIVE BUT TO SUSTAIN THE DISALLOWANCE OF YOUR CLAIM.