B-195389, JAN 10, 1980

B-195389: Jan 10, 1980

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DIGEST: A FORMER GOVERNMENT EMPLOYEE MAY NOT BE PAID THE BALANCE IN HER 1944 WAR BOND ACCOUNT AS THE AMOUNT CLAIMED IS UNPAID COMPENSATION AND PAYMENT IS BARRED UNDER 31 U.S.C. SINCE THE CLAIM WAS RECEIVED IN GAO MORE THAN 6 YEARS AFTER IT ACCRUED. WHICH STATES THAT THE RECORDS OF THE WAR BOND UNIT OF THE COMMISSION INDICATE THAT THE BALANCE IN HER WAR BOND ACCOUNT IS $12.50 AND THAT SHE CAN PURCHASE ANOTHER $25 WAR BOND BY REMITTING $6.25. AS THIS SUM WAS WITHHELD PENDING HER BUYING ANOTHER BOND. 31 COMP.GEN. 262 (1952). RECORDS WHICH COULD HAVE PROVED OR DISAPPROVED THE CLAIM HAVE BECOME UNAVAILABLE DUE TO THE LAPSE OF TIME (SOME 35 YEARS IN THIS CASE) OR HAVE BEEN DESTROYED IN ACCORDANCE WITH APPLICABLE REGULATIONS.

B-195389, JAN 10, 1980

DIGEST: A FORMER GOVERNMENT EMPLOYEE MAY NOT BE PAID THE BALANCE IN HER 1944 WAR BOND ACCOUNT AS THE AMOUNT CLAIMED IS UNPAID COMPENSATION AND PAYMENT IS BARRED UNDER 31 U.S.C. SEC. 71A, SINCE THE CLAIM WAS RECEIVED IN GAO MORE THAN 6 YEARS AFTER IT ACCRUED.

MARIAN V. (JORDON) COOMBS:

MR. GARY A. PALMQUIST, AN AUTHORIZED CERTIFYING OFFICER OF THE OFFICE OF PERSONNEL MANAGEMENT (OPM), REQUESTS AN ADVANCE DECISION CONCERNING THE CLAIM OF MRS. MARIAN V. (JORDON) COOMBS FOR PAYMENT OF THE BALANCE IN HER 1944 WAR BOND ACCOUNT. PAYMENT OF THE CLAIM MAY NOT BE MADE.

MRS. COOMBS, A FORMER GOVERNMENT EMPLOYEE, SUBMITTED IN SUPPORT OF HER CLAIM A LETTER DATED FEBRUARY 7, 1944, FROM DAVID F. WILLIAMS, ASSISTANT DIRECTOR OF PERSONNEL, UNITED STATES CIVIL SERVICE COMMISSION (NOW OPM), WHICH STATES THAT THE RECORDS OF THE WAR BOND UNIT OF THE COMMISSION INDICATE THAT THE BALANCE IN HER WAR BOND ACCOUNT IS $12.50 AND THAT SHE CAN PURCHASE ANOTHER $25 WAR BOND BY REMITTING $6.25. OPM HAS NO EVIDENCE THAT THE ACCOUNT EXISTED OTHER THAN THIS LETTER AND NO MEANS OF VERIFYING THE VALIDITY OF THE CLAIM.

THE AMOUNT DEDUCTED FROM MRS. COOMBS' PAY FOR BONDS DURING THE PERIOD CONCERNED REPRESENTS UNPAID COMPENSATION, AS THIS SUM WAS WITHHELD PENDING HER BUYING ANOTHER BOND. 31 COMP.GEN. 262 (1952). RECORDS WHICH COULD HAVE PROVED OR DISAPPROVED THE CLAIM HAVE BECOME UNAVAILABLE DUE TO THE LAPSE OF TIME (SOME 35 YEARS IN THIS CASE) OR HAVE BEEN DESTROYED IN ACCORDANCE WITH APPLICABLE REGULATIONS. THE LETTER FURNISHED CANNOT IN ITSELF ESTABLISH THAT MRS. COOMBS DID NOT RECEIVE A REFUND FOR THE AMOUNT HELD IN THE ACCOUNT IN 1944 OR THAT SHE WAS NOT ISSUED A BOND. IN ANY EVENT, THE CLAIM WAS RECEIVED IN THIS OFFICE MAY 24, 1979. SECTION 71A OF TITLE 31, U.S.C. PROVIDES THAT ANY CLAIM COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE WHICH IS NOT RECEIVED IN GAO WITHIN 6 YEARS AFTER THE DATE THE CLAIM ACCRUED IS BARRED FROM CONSIDERATION.

ACCORDINGLY, THE CLAIM MAY NOT BE PAID.