B-166274, MAR. 12, 1969

B-166274: Mar 12, 1969

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IT APPEARS FROM CORRESPONDENCE ON FILE IN THE GENERAL ACCOUNTING OFFICE THAT A CHECK IN THE AMOUNT OF $131.23 COVERING SOLDIER'S SAVINGS DEPOSITS PLUS INTEREST OF $1.23 WAS MAILED TO YOU ON SEPTEMBER 20. THAT WAS THE ADDRESS FURNISHED BY YOU IN YOUR ORIGINAL CLAIM DATED JUNE 19. THE CHECK NUMBER WAS 226. 71 STAT. 465 (31 U.S.C. 122) WHICH PROVIDES THAT A CLAIM ON ACCOUNT OF A CHECK APPEARING FROM THE RECORDS 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. HE EXPLAINED THAT SINCE YOUR CLAIM HAD BEEN RECEIVED MORE THAN SIX YEARS AFTER THE CHECK WAS ISSUED AND SINCE YOU HAD NOT PREVIOUSLY FILED A TIMELY CLAIM WITH THE GENERAL ACCOUNTING OFFICE OR THE TREASURER.

B-166274, MAR. 12, 1969

TO MR. GRANVILLE S. COOPER:

YOUR LETTER OF JANUARY 20, 1969, TO PRESIDENT RICHARD M. NIXON HAS BEEN REFERRED TO THIS OFFICE THROUGH THE OFFICE OF THE COMPTROLLER OF THE ARMY. THE LETTER IN EFFECT ALLEGES THE NONRECEIPT OF PERSONAL SAVINGS DEPOSITED WITH THE GOVERNMENT DURING YOUR MILITARY SERVICE.

IT APPEARS FROM CORRESPONDENCE ON FILE IN THE GENERAL ACCOUNTING OFFICE THAT A CHECK IN THE AMOUNT OF $131.23 COVERING SOLDIER'S SAVINGS DEPOSITS PLUS INTEREST OF $1.23 WAS MAILED TO YOU ON SEPTEMBER 20, 1946, AT THE 37TH TROOP CARRIER SQUADRON, GREENVILLE ARMY AIR BASE, GREENVILLE, SOUTH CAROLINA. THAT WAS THE ADDRESS FURNISHED BY YOU IN YOUR ORIGINAL CLAIM DATED JUNE 19, 1946. THE CHECK NUMBER WAS 226,681 WITH SYMBOL NO. 210- 684.

ON OCTOBER 22, 1964, YOU WROTE ASKING ABOUT YOUR SOLDIER'S DEPOSITS. THE TREASURER OF THE UNITED STATES, IN REPLY DATED DECEMBER 16, 1964, TO YOU REFERRED TO YOUR CLAIM FOR THE PROCEEDS OF THE ABOVE DESCRIBED CHECK WHICH THE RECORDS INDICATED HAD BEEN PAID. HE QUOTED THAT PART OF SECTION 2 OF THE ACT OF JUNE 22, 1926, AS AMENDED BY THE ACT OF AUGUST 28, 1957, 71 STAT. 465 (31 U.S.C. 122) WHICH PROVIDES THAT A CLAIM ON ACCOUNT OF A CHECK APPEARING FROM THE RECORDS 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. HE EXPLAINED THAT SINCE YOUR CLAIM HAD BEEN RECEIVED MORE THAN SIX YEARS AFTER THE CHECK WAS ISSUED AND SINCE YOU HAD NOT PREVIOUSLY FILED A TIMELY CLAIM WITH THE GENERAL ACCOUNTING OFFICE OR THE TREASURER, APPLICATION OF THE ACT BARRED RECOVERY.

AT THE REQUEST OF CONGRESSMAN WILLIAM H. MILLIKEN, JR., AND BECAUSE OF THE SUGGESTION THAT YOUR CLAIM MIGHT BE AFFECTED BY THE PROVISIONS OF THE SOLDIERS' AND SAILORS' CIVIL RELIEF ACT, THE SPECIAL ASSISTANT TREASURER ON DECEMBER 22, 1964, REFERRED YOUR FILE TO THE GENERAL ACCOUNTING OFFICE FOR REVIEW AND FINAL DISPOSITION.

THE CLAIMS DIVISION, GENERAL ACCOUNTING OFFICE ON JANUARY 6, 1965, WROTE YOU STATING THAT THE TREASURER OF THE UNITED STATES HAD DENIED YOUR CLAIM FOR THE REASON THAT YOUR CLAIM WAS BARRED BY THE ACT OF JUNE 22, 1926, AS AMENDED BY THE ACT OF AUGUST 28, 1957. IN ADDITION TO RECITING THE APPLICABLE PROVISIONS OF THAT ACT, THE CLAIMS DIVISION STATED THAT THE ACTION WAS TAKEN BECAUSE THE CHECK ISSUED ON SEPTEMBER 20, 1946, WAS NEGOTIATED IN DUE COURSE AND PAID BY THE TREASURER OF THE UNITED STATES. THE PAID CHECK WAS DESTROYED IN ACCORDANCE WITH LAW AND THEREFORE WAS NOT AVAILABLE FOR EXAMINATION OF THE ENDORSEMENTS.

THE CLAIMS DIVISION ALSO INFORMED YOU THAT, ALTHOUGH THE SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940, AS AMENDED, SUSPENDED THE RUNNING OF THE SIX-YEAR PERIOD WHILE YOU WERE ON ACTIVE MILITARY DUTY, MORE THAN SIX YEARS HAD ELAPSED FROM FEBRUARY 13, 1956, WHEN YOU WERE LAST DISCHARGED FROM ACTIVE DUTY AND OCTOBER 23, 1964, WHEN YOUR CLAIM WAS RECEIVED.

YOUR LETTER OF MAY 7, 1965, TO PRESIDENT JOHNSON RELATIVE TO THE MATTER ENCLOSED A LETTER OF MAY 5, 1965, TO YOU FROM THE OFFICE OF THE COMPTROLLER OF THE ARMY WHICH REFERRED TO A LETTER WHICH YOU HAD WRITTEN TO PRESIDENT JOHNSON ON APRIL 11, 1965, AND TO A REPLY OF APRIL 23, 1965. THE LETTER OF MAY 5, 1965, REVIEWED THE ACTION WHICH HAD BEEN TAKEN AND CONCLUDED THAT THERE WAS NO ACTION WHICH COULD BE TAKEN BY THE ARMY.

IN REPLY TO YOUR LETTER OF MAY 7, 1965, THE CLAIMS DIVISION OF THE GENERAL ACCOUNTING OFFICE ON MAY 26, 1965, AGAIN REVIEWED THE REASONS WHY IT WAS NECESSARY TO DISALLOW YOUR CLAIM AND AGAIN QUOTED TO YOU THE PERTINENT PART OF THE ACT OF JUNE 22, 1926, AS AMENDED.

YOUR LETTER OF JANUARY 20, 1969, TO PRESIDENT NIXON DOES NOT PRESENT ANY INFORMATION WHICH HAS NOT ALREADY BEEN CONSIDERED. HOWEVER AS SET OUT ABOVE I HAVE PERSONALLY REVIEWED THE ENTIRE FILE RELATIVE TO YOUR CLAIM.

IN SUMMARY IT APPEARS THAT THE CHECK DATED SEPTEMBER 20, 1946, IN PAYMENT OF YOUR SOLDIER'S SAVINGS DEPOSITS PLUS INTEREST WAS MAILED TO THE ADDRESS FURNISHED BY YOU. IT WAS PAID BY THE TREASURER OF THE UNITED STATES. SUBSEQUENTLY IT WAS DESTROYED AS AUTHORIZED BY LAW. BECAUSE IT WAS DESTROYED IT IS NO LONGER POSSIBLE TO FURNISH YOU A PHOTOSTATIC COPY OF THE CHECK SO THAT YOU MAY DETERMINE WHETHER IT WAS ENDORSED BY YOU OR SOMEONE ACTING UNDER YOUR AUTHORIZATION. FOR THE SAME REASON IT IS NOT POSSIBLE TO CONDUCT AN INVESTIGATION AS TO THE NEGOTIATION OF THE CHECK.

BECAUSE THE CHECK APPEARS TO HAVE BEEN PAID AND SINCE YOUR CLAIM WAS NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS FROM THE DATE OF ISSUANCE IT IS BARRED BY THE ACT OF JUNE 22, 1926, AS AMENDED. ANY POSSIBLE SUSPENSION OF THAT SIX-YEAR PERIOD BECAUSE OF THE PROVISIONS OF THE SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940, AS AMENDED, IS NOT FOR CONSIDERATION BECAUSE YOUR CLAIM WAS FILED MORE THAN SIX YEARS AFTER THE DATE OF YOUR LAST DISCHARGE FROM MILITARY SERVICE.

IT NECESSARILY MUST BE CONCLUDED THAT THE ACTIONS PREVIOUSLY TAKEN IN DISALLOWING YOUR CLAIM ARE CORRECT. THEREFORE UPON REVIEW THOSE ACTIONS ARE SUSTAINED.

BECAUSE THE HONORABLE HUGH SCOTT, UNITED STATES SENATE, HAS INQUIRED ABOUT YOUR CLAIM, A COPY OF THIS LETTER SUSTAINING THE DISALLOWANCE OF YOUR CLAIM IS BEING FORWARDED TO HIM.