B-144178, OCT. 26, 1960

B-144178, OCT. 26, 1960

TO MRS. MARTHA LOUISE PURDY:

REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 27, 1960, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR THE PROCEEDS OF A TREASURY CHECK FOR $2,024.70 DRAWN TO YOUR ORDER.

ON MAY 13, 1960, YOU TRANSMITTED A COPY OF SETTLEMENT CERTIFICATE NO. 1127797, DATED SEPTEMBER 24, 1945, WHICH YOU RECEIVED FROM THE GENERAL ACCOUNTING OFFICE, CLAIMS DIVISION, WASHINGTON, .C., EFFECTING SETTLEMENT IN YOUR FAVOR $2,024.70, REPRESENTING ARREARS OF PAY DUE IN THE CASE OF YOUR SON, JAMES GRANT PURDY, SECOND LIEUTENANT, ARMY AIR CORPS, WHO WAS MISSING IN ACTION AND DECLARED DEAD ON AUGUST 4, 1944. THAT SETTLEMENT CLEARLY SHOWS THAT YOU WERE ALLOWED THE SUM OF $2,024.70, AS EXECUTRIX OF THE WILL OF JAMES GRANT PURDY, DECEASED.

ON SEPTEMBER 15, 1960, OUR CLAIMS DIVISION ADVISED YOU THAT DEPARTMENT OF THE ARMY RECORDS SHOW THAT PAYMENT OF $2,024.70 WAS MADE TO YOU ON VOUCHER NO. 107520 DATED OCTOBER 2, 1945, ACCOUNTS OF MAJOR E. M. SIMMONS, FC, SYMBOL NO. 212-005. HOWEVER, SINCE THE CLAIM FILE WHICH CONTAINED THE NUMBER OF THE CHECK WAS INACTIVE FOR MORE THAN 12 YEARS, THE FILE HAS BEEN DESTROYED UNDER AUTHORITY OF THE ACT OF JULY 7, 1943, 57 STAT. 380, AS AMENDED, 44 U.S.C. 366-380. IN OUR LETTER WE EXPLAINED THAT SINCE THE RECORDS PERTAINING TO YOUR ORIGINAL CLAIM HAD BEEN DESTROYED PURSUANT TO LAW AND NO LONGER WERE AVAILABLE FOR RE EXAMINATION, WE WERE PRECLUDED FROM TAKING FURTHER ACTION IN THE MATTER.

IN YOUR PRESENT LETTER YOU SAY THAT SINCE YOU DID NOT RECEIVE THE CHECK, IT MUST NOT HAVE BEEN ISSUED, AND, THEREFORE, YOU BELIEVE WE MUST ISSUE ANOTHER CHECK TO YOU UNLESS WE CAN PRODUCE THE CANCELLED CHECK WITH YOUR ENDORSEMENT.

AS HEREINABOVE INDICATED, THE RECORD SHOWS THAT A CHECK WAS ISSUED TO YOU PURSUANT TO OUR SETTLEMENT IN YOUR FAVOR. IN THAT CONNECTION WE DIRECT YOUR ATTENTION TO SECTION 2 OF THE ACT OF JUNE 22, 1926, 44 STAT. 761, AS AMENDED, 31 U.S.C. 122, WHICH PROVIDES:

"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. * * *"

ALTHOUGH THE PAPERS IN CONNECTION WITH YOUR ORIGINAL CLAIM HAVE BEEN DESTROYED PURSUANT TO LAW AND THE ORIGINAL CHECK IS NOT AVAILABLE FOR EXAMINATION AS TO THE ENDORSEMENT THEREON, IT APPEARS FROM OUR RECORDS TO HAVE BEEN PAID. SINCE YOUR CLAIM FOR THE PROCEEDS OF THE CHECK WAS NOT RECEIVED HERE UNTIL APPROXIMATELY 15 YEARS AFTER THE ISSUANCE THEREOF, FURTHER CONSIDERATION OF THE MATTER IS PRECLUDED BY THE MANDATORY PROVISIONS OF SECTION 2 OF THE ABOVE-QUOTED STATUTE. WE HAVE NO AUTHORITY TO WAIVE THE PROVISIONS OF A STATUTE OR TO MAKE EXCEPTIONS THERETO.

ACCORDINGLY, THE ACTION TAKEN BY OUR CLAIMS DIVISION DENYING YOUR CLAIM WAS CORRECT AND IS SUSTAINED. WE ARE UNABLE TO ADVISE YOU WHETHER THE RECORDS OF A PORTLAND, OREGON, BANK WOULD SHOW WHETHER YOU CASHED THE CHECK IN QUESTION. IT IS HOPED THAT THIS LETTER WILL ENABLE YOU TO BETTER UNDERSTAND THE REASONS WHY YOUR CLAIM MUST BE DENIED.