B-129325, OCT. 12, 1956

B-129325, OCT. 12, 1956

TO MR. JOHN D. LEATHERMAN:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 1, 1956, WRITTEN ON THE REVERSE OF A LETTER DATED AUGUST 30 FROM OUR CLAIMS DIVISION SUSTAINING AND FURTHER EXPLAINING OUR SETTLEMENT OF JULY 19, WHICH DISALLOWED YOUR CLAIM FOR THE PROCEEDS OF TREASURY CHECK NO. 67,731,823 FOR $1,202.34, DRAWN JUNE 3, 1948, TO YOUR ORDER BY PAUL D. BANNING, SYMBOL 300. YOU, IN EFFECT, REQUEST FURTHER RECONSIDERATION OF THE MATTER. ALSO, THERE HAS BEEN RECEIVED BY REFERENCE FROM THE TREASURER OF THE UNITED STATES SENATOR J. GLENN BEALL'S LETTER OF SEPTEMBER 10, 1956, TO THE CHIEF DISBURSING OFFICER, TREASURY DEPARTMENT URGING PROMPT SETTLEMENT OF YOUR CLAIM.

YOU STATE IN YOUR LETTER OF SEPTEMBER 1, 1956, THAT YOU HAVE BEEN TRYING FOR SIX YEARS TO GET THIS PAYMENT, AND THAT YOU WERE CONSTANTLY DIRECTED TO WRITE THE CIVIL SERVICE COMMISSION WITH REGARD THERETO. IN VIEW THEREOF, THE UNITED STATES CIVIL SERVICE COMMISSION HAS BEEN CONTACTED INFORMALLY TO ASCERTAIN WHAT ITS RECORDS SHOWED IN THE MATTER. WE HAVE BEEN ADVISED THAT THE COMMISSION'S RECORDS SHOW THAT YOUR APPLICATION FOR THE AMOUNT DUE FROM THE CIVIL SERVICE RETIREMENT AND DISABILITY FUND WAS FILED ON APRIL 12, 1948, AND THAT PAYMENT THEREOF WAS MADE BY THE ABOVE DESCRIBED CHECK, WHICH WAS MAILED TO YOU ATTHURMONT, MARYLAND. NO FURTHER CORRESPONDENCE FROM YOU APPEARS IN ITS RECORDS OTHER THAN YOUR LETTER OF APRIL 8, 1956, IN RESPONSE TO WHICH THE COMMISSION SENT YOU ITS LETTER OF APRIL 30, 1956, FILE REFERENCE CSR-4821979, ADVISING YOU OF THE PRIOR ISSUANCE OF SAID CHECK AND FURNISHING ITS DESCRIPTION, AND AN UNDATED POST CARD FROM YOU RECEIVED AUGUST 7, 1956, IN REPLY TO WHICH THE CIVIL SERVICE COMMISSION FORWARDED TO YOU UNDER DATE OF AUGUST 16, 1956, A DUPLICATE OF ITS LETTER OF APRIL 30. THE FIRST CLAIM RECEIVED FROM YOU IN THE GENERAL ACCOUNTING OFFICE CONSISTED OF THE FORM ON THE REVERSE SIDE OF THE CIVIL SERVICE COMMISSION'S LETTER OF APRIL 30, EXECUTED BY YOU UNDER DATE OF MAY 3, 1956, WHICH WAS RECEIVED HERE ON MAY 28, 1956, THROUGH THE TREASURY DEPARTMENT ALMOST EIGHT YEARS AFTER DATE OF ISSUANCE OF THE CHECK.

AS YOU WERE ADVISED BY PRIOR CORRESPONDENCE FROM OUR CLAIMS DIVISION, SECTION 2 OF THE ACT OF JUNE 22, 1926, 44 STAT. 761, 31 U.S.C. 122, PROVIDES AS FOLLOWS:

"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.'

IT WILL BE NOTED FROM THE ABOVE THAT, INSOFAR AS THE RECORDS OF THE CIVIL SERVICE COMMISSION AND OUR OFFICE DISCLOSE, THE FIRST CLAIM MADE BY YOU IN THIS MATTER SUBSEQUENT TO YOUR ORIGINAL APPLICATION FOR REFUND OF RETIREMENT DEDUCTIONS DATED APRIL 12, 1948, CONSISTED OF YOUR LETTER OF APRIL 8, 1956, TO THE CIVIL SERVICE COMMISSION NEARLY EIGHT YEARS AFTER DATE OF ISSUANCE OF THE CHECK. WHILE THAT LETTER STATES THAT YOU HAD RECEIVED A PRIOR LETTER FROM THE CIVIL SERVICE COMMISSION GIVING YOU THE CHECK DESCRIPTION, THE DATE OF SUCH LETTER IS NOT SHOWN, NOR IS THERE ANY RECORD OF SUCH LETTER IN THE FILES OF THE CIVIL SERVICE COMMISSION. MOREOVER, REGARDLESS OF WHETHER A PRIOR CLAIM HAD BEEN PRESENTED TO THE CIVIL SERVICE COMMISSION OR SOME OTHER GOVERNMENT AGENCY, SECTION 2 OF THE ACT OF JUNE 22, 1926, AS QUOTED ABOVE CLEARLY AND UNEQUIVOCALLY REQUIRES THAT A CLAIM ON ACCOUNT OF ANY CHECK APPEARING TO HAVE BEEN PAID MUST BE PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS OF THE DATE OF THE CHECK, AND THE PRESENTATION OF SUCH A CLAIM TO ANY OTHER AGENCY OF THE GOVERNMENT, EVEN IF MADE WITHIN THE SIX YEAR PERIOD, DOES NOT SATISFY THE REQUIREMENTS OF THE STATUTE.

ACCORDINGLY, SINCE OUR RECORDS ESTABLISH THAT THE CHECK WAS MAILED TO YOU AT THE ADDRESS THEN OF RECORD, WHERE YOU STILL LIVE; THAT THE CHECK WAS NEGOTIATED IN DUE COURSE AND PAID BY THE TREASURER OF THE UNITED STATES; AND THAT YOUR CLAIM THEREFOR WAS NOT PRESENTED TO OUR OFFICE UNTIL CLOSE TO EIGHT YEARS AFTER THE DATE OF ISSUANCE THEREOF, YOUR CLAIM IS CLEARLY BARRED BY THE MANDATORY PROVISIONS OF SECTION 2 OF THE ACT OF JUNE 22, 1926, WHICH WE HAVE NO AUTHORITY TO WAIVE, AND THE PRIOR ACTION DISALLOWING YOUR CLAIM MUST BE SUSTAINED.