B-85188, OCT. 21, 1959

B-85188: Oct 21, 1959

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HANSCOM: REFERENCE IS MADE TO YOUR LETTERS OF JULY 10. YOU ARE ADVISED THAT THE RECORDS SHOW THAT THE NET AMOUNT OF $33.65 DUE YOU AS BASE. LONGEVITY AND FOREIGN SERVICE PAY FOR THE MONTH OF OCTOBER 1945 WAS PAID TO YOU IN CASH ON VOUCHER NO. 55. WE HAVE PREVIOUSLY ADVISED YOU THAT YOUR CLAIM FOR PAY FOR THE PERIOD FROM NOVEMBER 1. WAS ALLOWED IN THE AMOUNT OF $101.21 BY OUR SETTLEMENT DATED JULY 14. THE PAYMENT WAS MADE BY CHECK NO. 80. THAT SUCH CHECK WAS MAILED TO YOU AT 3 LILLIAN STREET. WHICH WAS NEGOTIATED IN DUE COURSE AND PAID BY THE TREASURER OF THE UNITED STATES. THAT YOU BELIEVE THE CHECK WAS RECEIVED AND CASHED BY SOMEONE OTHER THAN YOURSELF. YOU ALSO SAY THAT YOU BELIEVE THE CORRECT AMOUNT DUE YOU IS $576.

B-85188, OCT. 21, 1959

TO MR. FLOYD R. HANSCOM:

REFERENCE IS MADE TO YOUR LETTERS OF JULY 10, 1959, AND AUGUST 16, 1959, CONCERNING YOUR CLAIM FOR PAY BELIEVED TO BE DUE YOU INCIDENT TO YOUR ARMY SERVICE FROM OCTOBER 1945 UNTIL APRIL 30, 1947.

YOU ARE ADVISED THAT THE RECORDS SHOW THAT THE NET AMOUNT OF $33.65 DUE YOU AS BASE, LONGEVITY AND FOREIGN SERVICE PAY FOR THE MONTH OF OCTOBER 1945 WAS PAID TO YOU IN CASH ON VOUCHER NO. 55, NOVEMBER 1945 ACCOUNTS OF H. C. HOLLAND. WE HAVE PREVIOUSLY ADVISED YOU THAT YOUR CLAIM FOR PAY FOR THE PERIOD FROM NOVEMBER 1, 1945,TO APRIL 30, 1947, WAS ALLOWED IN THE AMOUNT OF $101.21 BY OUR SETTLEMENT DATED JULY 14, 1949; THE PAYMENT WAS MADE BY CHECK NO. 80,950,267, DATED AUGUST 8, 1949, DRAWN TO YOUR ORDER BY THE CHIEF DISBURSING OFFICER, TREASURY DEPARTMENT, AND THAT SUCH CHECK WAS MAILED TO YOU AT 3 LILLIAN STREET, WOBURN, MASSACHUSETTS. ALSO, THE RECORDS INDICATE THAT THE CHECK, WHICH WAS NEGOTIATED IN DUE COURSE AND PAID BY THE TREASURER OF THE UNITED STATES, HAS BEEN DESTROYED PURSUANT TO LAW.

YOU SAY THAT YOU NEVER LIVED AT 3 LILLIAN STREET, WOBURN, MASSACHUSETTS; THAT YOU NEVER RECEIVED THE CHECK IN THE AMOUNT OF $101.21; THAT YOU BELIEVE THE CHECK WAS RECEIVED AND CASHED BY SOMEONE OTHER THAN YOURSELF; AND THAT YOU WOULD LIKE FOR US TO SEND YOU A PHOTOCOPY OF THE ,SIGNATURE AND CHECK" AND THE NECESSARY FORMS NEEDED TO BRING ABOUT THE ISSUANCE OF A DUPLICATE CHECK. YOU ALSO SAY THAT YOU BELIEVE THE CORRECT AMOUNT DUE YOU IS $576, NOT $101.21, AND THAT YOU WOULD LIKE FOR US TO REAUDIT YOUR PAY ACCOUNT FOR THE PERIOD INVOLVED.

SECTION 2 OF THE ACT OF JUNE 22, 1926, 44 STAT. 761, AS AMENDED, 31 U.S.C. 122, PROVIDES, IN PERTINENT PART, 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 CHECK, CHECKS, WARRANT, OR WARRANTS INVOLVED.'

IT WILL BE NOTED THAT THE STATUTE SPECIFICALLY BARS "ALL CLAIMS"ON ACCOUNT OF CHECKS ,APPEARING * * * TO HAVE BEEN PAID" IF NOT PRESENTED "WITHIN SIX YEARS AFTER THE DATE OF SUANCE.' ACCORDINGLY, EVEN THOUGH YOU MAY NOT HAVE RECEIVED THE CHECK HERE INVOLVED, WHICH IS NOT ESTABLISHED, YOUR CLAIM FOR THE PROCEEDS OF THE CHECK IS BARRED BY THE PLAIN PROVISIONS OF THE STATUTE SINCE SUCH CLAIM WAS NOT RECEIVED WITHIN SIX YEARS AFTER THE CHECK WAS ISSUED. ALSO, SINCE THE CHECK, BECAUSE OF ITS AGE, HAS BEEN DESTROYED AS AUTHORIZED BY LAW, A PHOTOCOPY THEREOF CANNOT BE FURNISHED.

WE ARE ENCLOSING COPIES OF OUR LETTERS DATED APRIL 21, 1949, AND JUNE 23, 1949, B-85188, WHICH WERE MAILED TO YOU AT 3 LILLIAN STREET, WOBURN, MASSACHUSETTS, AND WE TRUST THAT THE INFORMATION CONTAINED IN THOSE LETTERS WILL BE SUFFICIENT TO EXPLAIN THE REASONS FOR THE ACTION TAKEN ON YOUR CLAIM. IN THIS CONNECTION, IT MAY BE STATED THAT THE STREET ADDRESS THERE SHOWN WAS FIRST FURNISHED TO US WITH A LETTER DATED MARCH 7, 1949, WRITTEN IN YOUR BEHALF BY HONORABLE RICHARD B. WIGGLESWORTH, MEMBER OF CONGRESS.