B-151744, JUL. 10, 1963

B-151744: Jul 10, 1963

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RETIRED: FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 2. A COPY OF WHICH WAS SUBMITTED WITH YOUR CLAIM. EXPRESSLY STATED THAT "THE ABOVE-NAMED APPROPRIATION/S) IS (ARE) NO LONGER AVAILABLE. THE AMOUNT WILL BE FORWARDED TO YOU WHEN APPROPRIATION/S) SHALL HAVE BEEN MADE BY CONGRESS.'. THAT AN APPROPRIATION WAS MADE TO COVER YOUR CLAIM AS INDICATED ON PAGE 14 OF PUBLIC ACT NO. 21 APPROVED MARCH 21. THAT IT IS REASONABLE TO ASSUME THAT YOU RECEIVED PAYMENT. THAT CHECK NO. 75784 IN THE AMOUNT OF $218.72 WAS ISSUED TO YOU. THE CHECK WAS LISTED IN THE PAID COLUMN AND IT APPEARS IT WAS FORWARDED TO YOU ON MARCH 22. WHICH ADDRESS WAS LINED OUT. THE RECORDS OF OUR OFFICE SHOW THAT YOUR CHECK IS NOT ON THE PERTINENT LIST OF OUTSTANDING UNPAID CHECKS AND.

B-151744, JUL. 10, 1963

TO MAJOR CHARLES C. HALL, USMC, RETIRED:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 2, 1963, CONCERNING YOUR CLAIM FOR PAY AND ALLOWANCES BELIEVED TO BE DUE YOU UNDER GENERAL ACCOUNTING OFFICE SETTLEMENT ISSUED TO YOU ON DECEMBER 8, 1934. THE SETTLEMENT OF DECEMBER 8, 1934, A COPY OF WHICH WAS SUBMITTED WITH YOUR CLAIM, ALLOWED YOU THE SUM OF $218.72, REPRESENTING ADDITIONAL PAY AND ALLOWANCES DUE YOU AS A CHIEF WARRANT OFFICER, AND EXPRESSLY STATED THAT "THE ABOVE-NAMED APPROPRIATION/S) IS (ARE) NO LONGER AVAILABLE. THE AMOUNT WILL BE FORWARDED TO YOU WHEN APPROPRIATION/S) SHALL HAVE BEEN MADE BY CONGRESS.'

OUR CLAIMS DIVISION ADVISED YOU IN LETTERS OF FEBRUARY 12, 1963, AND MARCH 21, 1963, THAT AN APPROPRIATION WAS MADE TO COVER YOUR CLAIM AS INDICATED ON PAGE 14 OF PUBLIC ACT NO. 21 APPROVED MARCH 21, 1935, AND IN HOUSE OF REPRESENTATIVES DOCUMENT NO. 122, 74TH CONGRESS, 1ST SESSION, AND THAT IT IS REASONABLE TO ASSUME THAT YOU RECEIVED PAYMENT.

SUBSEQUENT TO THE RECEIPT OF YOUR LETTER OF APRIL 2, 1963, WE REQUESTED THE NATIONAL ARCHIVES TO CONDUCT A SEARCH OF ITS OLD PAYMENT RECORDS PERTAINING TO YOUR CASE. THE SEARCH REVEALED THAT YOUR NAME APPEARED ON WARRANT NO. 2166, CERTIFICATE NO. 0344045, AND THAT CHECK NO. 75784 IN THE AMOUNT OF $218.72 WAS ISSUED TO YOU. THE CHECK WAS LISTED IN THE PAID COLUMN AND IT APPEARS IT WAS FORWARDED TO YOU ON MARCH 22, 1935, AT THE HEADQUARTERS, MARINE CORPS BASE, NAVAL OPERATIONS BASE, SAN DIEGO, CALIFORNIA, RATHER THAN TO HEADQUARTERS FIRST BRIGADE, U.S. MARINES, PORT AU PRINCE, HAITI, AS SHOWN ON THE COPY OF SETTLEMENT OF DECEMBER 8, 1934, WHICH ADDRESS WAS LINED OUT. THE RECORDS OF OUR OFFICE SHOW THAT YOUR CHECK IS NOT ON THE PERTINENT LIST OF OUTSTANDING UNPAID CHECKS AND, HENCE, IT MUST BE PRESUMED THAT IT WAS NEGOTIATED IN DUE COURSE AND PAID BY THE TREASURER OF THE UNITED STATES AND THAT IT HAS BEEN DESTROYED PURSUANT TO LAW BECAUSE OF ITS AGE. IN THIS CONNECTION, CLAIMS ON ACCOUNT OF CHECKS APPEARING TO HAVE BEEN PAID ARE GOVERNED BY SECTION 2 OF THE ACT OF JUNE 22, 1926, 44 STAT. 761, AS AMENDED, 31 U.S.C. 122, WHICH PROVIDES 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 CHECKS, WARRANT, OR WARRANTS INVOLVED. * * *"

IN VIEW OF THIS PROVISION, YOUR CLAIM FOR THE PROCEEDS OF THE CHECK IS NOW BARRED AND CANNOT BE GIVEN FAVORABLE CONSIDERATION. ACCORDINGLY, THE ACTION OF THE CLAIMS DIVISION IN THE LETTERS OF FEBRUARY 12, 1963, AND MARCH 21, 1963, DENYING YOUR CLAIM, IS SUSTAINED.