B-141779, JUN. 9, 1960

B-141779: Jun 9, 1960

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FRANCIS CERVITO: REFERENCE IS MADE TO YOUR LETTER WITH ENCLOSURES DATED MAY 7. THE DEPARTMENT OF THE ARMY HAS ADVISED US THAT THIS CHECK WAS ISSUED TO YOU IN PAYMENT FOR SERVICES PERFORMED DURING THE PERIOD MAY 1. YOUR CLAIM WAS DISALLOWED BY OUR SETTLEMENT DATED APRIL 30. WHICH ACTION WAS SUSTAINED BY OFFICE LETTER DATED AUGUST 28. YOUR CLAIM WAS DISALLOWED BECAUSE OUR RECORDS REVEALED THAT THE CHECK HAD BEEN NEGOTIATED AND PAID AND A CLAIM THEREFOR HAD NOT BEEN PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS AFTER DATE OF ISSUANCE AS REQUIRED BY SECTION 2 OF THE ACT OF JUNE 22. WAS DESTROYED PURSUANT TO LAW. IS NOT AVAILABLE FOR EXAMINATION OF ITS INDORSEMENTS. EVEN IF IT WERE EXCLUSIVELY ESTABLISHED THAT THE CHECK WAS CASHED BY THE PERSON YOU MENTION IN YOUR LETTER.

B-141779, JUN. 9, 1960

TO MR. FRANCIS CERVITO:

REFERENCE IS MADE TO YOUR LETTER WITH ENCLOSURES DATED MAY 7, 1960, CONCERNING YOUR CLAIM FOR THE PROCEEDS OF CHECK NO. 6,544,566 FOR $327.54 DRAWN JUNE 23, 1945, TO YOUR ORDER BY E. R. SLYE, JR., OVER SYMBOL NO. 213 -508. THE DEPARTMENT OF THE ARMY HAS ADVISED US THAT THIS CHECK WAS ISSUED TO YOU IN PAYMENT FOR SERVICES PERFORMED DURING THE PERIOD MAY 1, 1942, THROUGH FEBRUARY 6, 1945. YOUR CLAIM WAS DISALLOWED BY OUR SETTLEMENT DATED APRIL 30, 1959, PURSUANT TO THE PROVISIONS OF SECTION 2 OF THE ACT OF JUNE 22, 1926, 44 STAT. 761, 31 U.S.C. 122, WHICH ACTION WAS SUSTAINED BY OFFICE LETTER DATED AUGUST 28, 1959.

YOUR CLAIM WAS DISALLOWED BECAUSE OUR RECORDS REVEALED THAT THE CHECK HAD BEEN NEGOTIATED AND PAID AND A CLAIM THEREFOR HAD NOT BEEN PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS AFTER DATE OF ISSUANCE AS REQUIRED BY SECTION 2 OF THE ACT OF JUNE 22, 1926.

THE CHECK, DUE TO ITS AGE, WAS DESTROYED PURSUANT TO LAW, AND IS NOT AVAILABLE FOR EXAMINATION OF ITS INDORSEMENTS. EVEN IF IT WERE EXCLUSIVELY ESTABLISHED THAT THE CHECK WAS CASHED BY THE PERSON YOU MENTION IN YOUR LETTER, YOUR CLAIM FOR THE PROCEEDS OF THE CHECK COULD NOT BE ALLOWED SINCE THE STATUTE SPECIFICALLY PROVIDES THAT A CLAIM WHICH IS NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS FROM THE DATE OF ISSUANCE OF THE CHECK IS BARRED. OUR OFFICE HAS NO AUTHORITY TO WAIVE THESE STATUTORY PROVISIONS OF LAW.

ACCORDINGLY, UNDER THE FACTS AND LAW APPLICABLE TO YOUR CASE, OUR SETTLEMENT OF APRIL 30, 1959, WHICH DISALLOWED YOUR CLAIM FOR THE PROCEEDS OF CHECK NO. 6,544,566, IS CORRECT AND MUST BE SUSTAINED.

WE ARE RETURNING TO YOU THE LETTER WITH ENCLOSURE DATED MARCH 28, 1960, WHICH THE VETERANS ADMINISTRATION WROTE TO YOU.

OUR OFFICE HAS NO AUTHORITY OVER VETERANS' PENSIONS. SINCE THE VETERANS ADMINISTRATION HAS EXCLUSIVE AUTHORITY OVER VETERANS' PENSIONS, YOU SHOULD WRITE DIRECTLY TO THE VETERANS ADMINISTRATION, MANILA, ABOUT ANY QUESTIONS REGARDING YOUR PENSION.

WE ARE ALSO RETURNING YOUR LETTER OF MERIT SINCE WE DO NOT NEED IT FOR OUR FILES.