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B-127699, MAY 29, 1956

B-127699 May 29, 1956
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GONZALES: RECEIPT IS ACKNOWLEDGED OF YOUR UNDATED LETTER MAKING REFERENCE TO AND REQUESTING RECONSIDERATION OF OUR SETTLEMENT DATED MAY 12. YOUR CLAIM WAS DISALLOWED BY THE ABOVE-MENTIONED SETTLEMENT BECAUSE IT WAS NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN THE "SIX YEAR" TIME LIMITATION SPECIFIED BY SECTION 2 OF THE ACT OF JUNE 22. OR WARRANTS APPEARING TO HAVE BEEN PAID SHALL BE BARRED IF NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS AFTER THE DATE OF ISSUANCE OF THE CHECK. IS SHOWN TO HAVE BEEN NEGOTIATED IN DUE COURSE AND PAID BY THE NATIONAL CITY BANK OF NEW YORK ON APRIL 15. A PHOTOSTATIC COPY OF THE CHECK IS ENCLOSED AND YOU WILL NOTE THAT IT CONTAINS WHAT PURPORTS TO BE THE FOLLOWING INDORSEMENTS: EUGENIO GONZALES 303 15TH AVE CUBERO Q O T SGT AERIANO L.

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B-127699, MAY 29, 1956

TO MR. EUGENIO F. GONZALES:

RECEIPT IS ACKNOWLEDGED OF YOUR UNDATED LETTER MAKING REFERENCE TO AND REQUESTING RECONSIDERATION OF OUR SETTLEMENT DATED MAY 12, 1955, WHICH DISALLOWED YOUR CLAIM FOR THE PROCEEDS OF UNITED STATES DEPOSITARY CHECK NO. 458,457 FOR 327.84 PESOS, DRAWN ON APRIL 8, 1948, TO THE ORDER OF EUGENIO GONZALES BY H. D. LLOYD, FINANCE OFFICER, UNITED STATES ARMY, SYMBOL NO. 210-623.

YOUR CLAIM WAS DISALLOWED BY THE ABOVE-MENTIONED SETTLEMENT BECAUSE IT WAS NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN THE "SIX YEAR" TIME LIMITATION SPECIFIED BY SECTION 2 OF THE ACT OF JUNE 22,1926, 44 STAT. 761, WHICH PROVIDES:

"ALL CLAIMS ON ACCOUNT OF ANY CHECK, CHECKS, WARRANT, OR WARRANTS APPEARING TO HAVE BEEN PAID SHALL BE BARRED IF NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS AFTER THE DATE OF ISSUANCE OF THE CHECK, CHECKS, WARRANT, OR WARRANTS INVOLVED.'

THE CHECK, WHICH REPRESENTS PAYMENT FOR PROPERTY LOSSES SUFFERED BY YOU WHILE IN THE SERVICE DURING THE WAR, IS SHOWN TO HAVE BEEN NEGOTIATED IN DUE COURSE AND PAID BY THE NATIONAL CITY BANK OF NEW YORK ON APRIL 15, 1948. A PHOTOSTATIC COPY OF THE CHECK IS ENCLOSED AND YOU WILL NOTE THAT IT CONTAINS WHAT PURPORTS TO BE THE FOLLOWING INDORSEMENTS:

EUGENIO GONZALES

303 15TH AVE

CUBERO Q O

T SGT AERIANO L. REIWIWAS - 6613656

HQ AND HQ CO 9816 INF BN (85) APO 613

564 FLORANTE QUIPSO

ALSO, ON THE REVERSE SIDE OF THE CHECK THE FOLLOWING STATEMENT APPEARS:

"PAYMENT OF THIS CHECK IS ACCEPTED IN FULL COMPROMISE AND SETTLEMENT, AND I HEREBY UNCONDITIONALLY RELEASE THE UNITED STATES OF AMERICA FROM ANY AND ALL FURTHER LIABILITY ARISING FROM SAID CLAIM.'

SINCE THE PAYMENT OF THE CHECK IS SHOWN TO HAVE BEEN EFFECTED AND YOUR CLAIM FOR THE PROCEEDS THEREOF WAS NOT RECEIVED HERE UNTIL AFTER THE EXPIRATION OF THE TIME LIMITATION PRESCRIBED BY THE CITED STATUTE, FURTHER CONSIDERATION OF THE MATTER BY THIS OFFICE NOW IS PRECLUDED. WHETHER YOU RECEIVED OR NEGOTIATED THE CHECK IS NOT A CONTROLLING FACTOR. MOREOVER, THE STATUTE IS CLEAR AND PROVIDES FOR NO EXCEPTIONS, AND THE FACT THAT BEFORE THE EXPIRATION OF THE SIX-YEAR STATUTORY PERIOD YOU CORRESPONDED WITH SOME OTHER GOVERNMENTAL AGENCY OR DEPARTMENT CONCERNING SUCH CHECK, PROVIDES NO BASIS OR AUTHORITY FOR THIS OFFICE TO WAIVE OR DISREGARD THE MANDATORY PROVISIONS THEREOF.

ACCORDINGLY, THE SETTLEMENT OF MAY 12, 1955, IS FOUND CORRECT AND MUST BE SUSTAINED.

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