B-168900, MAR. 10, 1970

B-168900: Mar 10, 1970

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STATUTE OF LIMITATION NO FURTHER ACTION MAY BE TAKEN ON EMPLOYEE'S CLAIM FOR ALLEGED CHECK ISSUED IN 1953 FOR FINAL PAY AND ACCRUED ANNUAL LEAVE AS EMPLOYEE OF NELLIS AIR FORCE BASE SINCE IT WAS NOT PRESENTED TO GAO WITHIN 6-YEAR PERIOD SPECIFIED IN 31 U.S.C. 122 AND EVEN THOUGH AS CONTENDED. CHECK WAS NEVER ISSUED FOR PAYMENT CLAIM FOR SUCH IS BARRED BY ACT OF OCT. 9. SHALL BE FOREVER BARRED UNLESS RECEIVED IN GAO WITHIN 10 YEARS AFTER DATE CLAIM FIRST ACCRUED AND AS CLAIM CONCERNS AMOUNT WHICH ACCRUED IN 1953 AND WAS NOT RECEIVED WITHIN 10-YEAR PERIOD PROVIDED BY STATUTE. FURTHER CONSIDERATION IS NOT WARRANTED. TO OTHER CORRESPONDENCE WHICH WAS FORWARDED TO US SUBSEQUENT TO YOUR LETTER OF JANUARY 21.

B-168900, MAR. 10, 1970

CHECKS--NONRECEIPT--STATUTE OF LIMITATION NO FURTHER ACTION MAY BE TAKEN ON EMPLOYEE'S CLAIM FOR ALLEGED CHECK ISSUED IN 1953 FOR FINAL PAY AND ACCRUED ANNUAL LEAVE AS EMPLOYEE OF NELLIS AIR FORCE BASE SINCE IT WAS NOT PRESENTED TO GAO WITHIN 6-YEAR PERIOD SPECIFIED IN 31 U.S.C. 122 AND EVEN THOUGH AS CONTENDED, CHECK WAS NEVER ISSUED FOR PAYMENT CLAIM FOR SUCH IS BARRED BY ACT OF OCT. 9, 1940, 31 U.S.C. 71A, 237 WHICH PROVIDES THAT ANY CLAIM OR DEMAND AGAINST U.S. SHALL BE FOREVER BARRED UNLESS RECEIVED IN GAO WITHIN 10 YEARS AFTER DATE CLAIM FIRST ACCRUED AND AS CLAIM CONCERNS AMOUNT WHICH ACCRUED IN 1953 AND WAS NOT RECEIVED WITHIN 10-YEAR PERIOD PROVIDED BY STATUTE, FURTHER CONSIDERATION IS NOT WARRANTED.

TO MR. MOSEL WATSON:

WE REFER TO YOUR LETTERS POSTMARKED JANUARY 6 AND 9, 1970, AND TO OTHER CORRESPONDENCE WHICH WAS FORWARDED TO US SUBSEQUENT TO YOUR LETTER OF JANUARY 21, 1969, WHEREIN YOU REPEATEDLY ASSERT THAT YOU HAVE NOT RECEIVED A CHECK IN THE SPECIFIC AMOUNT OF $229.35 REPRESENTING PAYMENT FOR 139 HOURS OF ANNUAL LEAVE DUE YOU UPON YOUR RESIGNATION AS AN EMPLOYEE OF NELLIS AIR FORCE BASE EFFECTIVE MAY 5, 1953.

THE FILE ASSEMBLED SUBSEQUENT TO YOUR LETTER OF JANUARY 21, 1969, SHOWS THAT DURING THE PAY PERIOD WHICH ENDED MAY 9, 1953, YOUR FINAL PAY AMOUNTED TO $295.35 INCLUDING $66 FOR 40 HOURS OF SERVICE AND $229.35 FOR YOUR 139 HOURS OF ANNUAL LEAVE. THE DEDUCTIONS OF $48.70 FOR FEDERAL INCOME TAX AND $4.43 FOR YOUR SOCIAL SECURITY ACCOUNT (FICA) LEFT $242.22, REPRESENTING THE NET SALARY AND LEAVE PAYMENT DUE YOU. AT THAT TIME THE PERSONNEL RECORD SHOWED YOUR HOME ADDRESS AS 907 "B" STREET, LAS VEGAS, NEVADA. WE MUST ASSUME THAT A CHECK FOR THE $242.22 WAS MAILED TO YOU AT THAT ADDRESS.

OUR CLAIMS DIVISION ADVISED YOU ON AUGUST 1, 1969, THAT YOUR CLAIM FOR AN ALLEGED CHECK EXISTING IN YOUR FAVOR WAS NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN THE 6-YEAR PERIOD SPECIFIED IN SECTION 2 OF THE ACT OF JUNE 22, 1926, 44 STAT. 761, 31 U.S.C. 122, AND THAT NO FURTHER ACTION COULD BE TAKEN IN THE MATTER.

REGARDING YOUR SUGGESTION THAT NO CHECK WAS EVER ISSUED FOR PAYMENT OF YOUR ANNUAL LEAVE, FAVORABLE CONSIDERATION OF YOUR CLAIM IS BARRED BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71A, 237, WHICH PROVIDES THAT:

"237. SAME; LIMITATION OF TIME ON CLAIMS AND DEMANDS

"(1) EVERY CLAIM OR DEMAND (EXCEPT A CLAIM OR DEMAND BY ANY STATE, TERRITORY, POSSESSION OR THE DISTRICT OF COLUMBIA) AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE UNDER SECTIONS 71 AND 236 OF THIS TITLE, SHALL BE FOREVER BARRED UNLESS SUCH CLAIM, BEARING THE SIGNATURE AND ADDRESS OF THE CLAIMANT OR OF AN AUTHORIZED AGENT OR ATTORNEY, SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED: PROVIDED, THAT WHEN A CLAIM OF ANY PERSON SERVING IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES ACCRUES IN TIME OF WAR,OR WHEN WAR INTERVENES WITHIN FIVE YEARS AFTER ITS ACCRUAL, SUCH CLAIM MAY BE PRESENTED WITHIN FIVE YEARS AFTER PEACE IS ESTABLISHED.

"(2) WHENEVER ANY CLAIM BARRED BY SUBSECTION (1) OF THIS SECTION SHALL BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE, IT SHALL BE RETURNED TO THE CLAIMANT, WITH A COPY OF THIS SECTION, AND SUCH ACTION SHALL BE A COMPLETE RESPONSE WITHOUT FURTHER COMMUNICATION."

AS THE CLAIM IN YOUR LETTER OF JANUARY 21, 1969, CONCERNS AN AMOUNT WHICH ACCRUED IN 1953 AND WAS NOT RECEIVED WITHIN THE 10-YEAR PERIOD, SPECIFIED ABOVE, FURTHER CONSIDERATION OF YOUR CLAIM, OR OF ASSERTIONS SUCH AS APPEAR IN YOUR RECENT LETTERS, IS NOT WARRANTED. SIMILAR COMMENTS HEREAFTER RECEIVED FROM YOU WILL BE FILED WITHOUT REPLY.