B-158181, JAN. 14, 1966

B-158181, JAN. 14, 1966

TO MR. VICTOR R. BISANA:

YOUR LETTER DATED AUGUST 4, 1965, ADDRESSED TO SETTLEMENT DIVISION, FINANCE CENTER, U.S. ARMY, INDIANAPOLIS 49, INDIANA, IN EFFECT REQUESTS REVIEW OF THE ACTION OF OUR CLAIMS DIVISION IN DISALLOWING YOUR CLAIM FOR PAY FOR THE PERIODS JULY 14, 1942, THROUGH JANUARY 31, 1943, AND MAY 2, 1945, THROUGH DECEMBER 24, 1945, AND PAYMENT OF YOUR "WAR BOND" INCIDENT TO YOUR SERVICE IN THE ARMY OF THE UNITED STATES.

THE REASONS FOR THE DISALLOWANCE OF YOUR CLAIM WERE SET OUT IN DETAIL IN OUR LETTERS TO YOU OF JUNE 15, 1956, AND AUGUST 21, 1957. YOU WERE ADVISED THAT SETTLEMENT OF YOUR ARMY PAY FOR THE PERIODS REFERRED TO WAS MADE ON VOUCHER NO. 11275, NOVEMBER 1946 ACCOUNTS OF QUENTON PULLIAM, AND THAT CHECK NO. 206,332 IN THE AMOUNT OF $860.00 WAS DRAWN NOVEMBER 18, 1946, TO YOU IN PAYMENT OF THE AMOUNT DUE. WE FURTHER ADVISED YOU THAT THE RECORDS OF OUR OFFICE INDICATE THAT THE CHECK WAS NEGOTIATED IN DUE COURSE, PAID BY THE TREASURER OF THE UNITED STATES AND HAS BEEN DESTROYED PURSUANT TO LAW. THUS THE DELAY IN SUBMITTING YOUR CLAIM HAS PREVENTED AN EXAMINATION OF THE ENDORSEMENTS ON THE CHECK TO DETERMINE WHO IS LIABLE IF YOUR ENDORSEMENT DID NOT APPEAR THEREON. YOUR CLAIM WAS FIRST RECEIVED IN THE GENERAL ACCOUNTING OFFICE ON FEBRUARY 20, 1956.

SECTION 2 OF THE ACT OF JUNE 22, 1926, CH. 650, 44 STAT. 761, AS AMENDED, 31 U.S.C. 122, PROVIDES IN 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, CHECKS, WARRANT, OR WARRANTS INVOLVED. * * *.'

UNDER THE PLAIN TERMS OF THE LAW CLAIMS MUST BE RECEIVED IN THE GENERAL ACCOUNTING OFFICE OR THE TREASURY DEPARTMENT WITHIN THE TIME LIMITATION PRESCRIBED. THE PURPOSE OF THE 1926 ACT WAS TO RELIEVE THE GOVERNMENT OF THE NECESSITY OF RETAINING AND GOING BACK OVER OLD RECORDS TO PROVE THE PROPER NEGOTIATION OF CHECKS LONG AFTER THE ENDORSERS HAD BEEN RELIEVED OF THEIR LIABILITY. THE FAILURE OF THE PAYEE OF A CHECK TO PRESENT A TIMELY CLAIM RAISES THE PRESUMPTION THAT PAYMENT WAS PROPERLY RECEIVED AND THE GOVERNMENT MUST RELY ON THAT PRESUMPTION. NO MATTER WHAT THE REASON FOR FAILURE TO FILE CLAIM MAY BE THIS OFFICE MAY MAKE NO EXCEPTION TO THE PROVISIONS OF THE STATUTE NOR MAY ANY EXTENSION OF TIME BE GRANTED WITHIN WHICH CLAIMS MAY BE FILED IN THIS OFFICE. THUS CONSIDERATION OF YOUR CLAIM IS PROHIBITED BY LAW.

WITH REGARD TO YOUR CLAIM FOR "WAR BOND," IF YOU ARE REFERRING TO THE BONDS WHICH WERE ISSUED IN PAYMENT OF ACCRUED (TERMINAL) LEAVE AFTER ENACTMENT OF THE ARMED FORCES LEAVE ACT OF 1946, CH. 931, 60 STAT. 963, YOU ARE ADVISED THAT THE FINANCE CENTER, U.S. ARMY, REPORTS THAT PAY AND ALLOWANCES UNDER THE MISSING PERSONS ACT FROM FEBRUARY 1943 THROUGH APRIL 26, 1945, AND ADJUSTMENT OF TERMINAL LEAVE TOTALING $1,771.60 HAS BEEN PAID TO YOU BY THAT OFFICE. HOWEVER, IF YOU ARE REFERRING TO THE BONDS WHICH WERE SOLD TO THE PUBLIC FOR THE PURPOSE OF SECURING FUNDS TO AID IN PROSECUTING THE WAR, THERE IS NO EVIDENCE OF RECORD SHOWING THAT ANY DEDUCTIONS WERE MADE FROM YOUR PAY FOR THE PURCHASE OF SUCH WAR BONDS.

IN VIEW OF THE FOREGOING THE ACTION OF OUR CLAIMS DIVISION DISALLOWING YOUR CLAIM IS SUSTAINED.