B-127699, APR. 8, 1957
Highlights
YOUR CLAIM WAS DISALLOWED BY OUR OFFICE SETTLEMENT DATED FEBRUARY 11. BECAUSE IT WAS NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN THE TIME LIMITATION SPECIFIED BY SECTION 2 OF THE ACT OF JUNE 22. THE DISALLOWANCE ACTION WAS SUSTAINED BY OUR DECISION OF MAY 29. 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. AS YOU PREVIOUSLY WERE ADVISED. WAS NEGOTIATED IN DUE COURSE AND PAID BY THE NATIONAL CITY BANK OF NEW YORK ON APRIL 15. A PHOTOSTATIC COPY OF THE CHECK WAS FORWARDED TO YOU WITH OUR DECISION OF MAY 29. THE ACTION DENYING PAYMENT OF YOUR CLAIM WAS CORRECT AND SUCH ACTION MUST BE SUSTAINED.
B-127699, APR. 8, 1957
TO MR. EUGENIO F. GONZALES:
YOUR UNDATED LETTER, POSTMARKED MARCH 21, 1957, RELATES TO YOUR CLAIM FOR THE PROCEEDS OF UNITED STATES DEPOSITORY CHECK NO. 458,457, FOR 327.84 PESOS, DRAWN 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 OUR OFFICE SETTLEMENT DATED FEBRUARY 11, 1955, BECAUSE IT WAS NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN THE TIME LIMITATION SPECIFIED BY SECTION 2 OF THE ACT OF JUNE 22, 1926, 44 STAT. 761, AND THE DISALLOWANCE ACTION WAS SUSTAINED BY OUR DECISION OF MAY 29, 1956, B-127699, TO YOU. THE REFERRED-TO STATUTES 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.'
AS YOU PREVIOUSLY WERE ADVISED, THE CHECK WHICH REPRESENTED PROPERTY LOSSES SUSTAINED BY YOU WHILE IN THE SERVICE DURING THE WAR, WAS NEGOTIATED IN DUE COURSE AND PAID BY THE NATIONAL CITY BANK OF NEW YORK ON APRIL 15, 1948. A PHOTOSTATIC COPY OF THE CHECK WAS FORWARDED TO YOU WITH OUR DECISION OF MAY 29.
IN YOUR RECENT LETTER YOU REFER TO CERTAIN OFFICIALS OF OTHER GOVERNMENT DEPARTMENTS WITH WHOM YOU RECEIVED CORRESPONDENCE CONCERNING THE ABOVE- DESCRIBED CHECK BEFORE THE STATUTORY TIME LIMITATION EXPIRED. HOWEVER, CORRESPONDENCE WITH OTHER GOVERNMENTAL DEPARTMENTS CONCERNING THE NON- RECEIPT OF THE CHECK DOES NOT MEET THE PROVISIONS OF THE ABOVE-QUOTED STATUTE WHICH SPECIFICALLY PRECLUDES ACTION ON SUCH CLAIMS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN THE PRESCRIBED STATUTORY PERIOD. OUR OFFICE, OF COURSE, HAS NO AUTHORITY TO WAIVE THE PROVISIONS OF A VALID STATUTE OR TO MAKE EXCEPTIONS THERETO.
ACCORDINGLY, THE ACTION DENYING PAYMENT OF YOUR CLAIM WAS CORRECT AND SUCH ACTION MUST BE SUSTAINED.