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BARNES YOUR CLAIM WAS ORIGINALLY DISALLOWED BY OUR OFFICE SETTLEMENT OF APRIL 2. IN WHICH YOU WERE ADVISED THAT THE RECORDS OF OUR OFFICE INDICATE THAT THE CHECKS WERE NEGOTIATED IN DUE COURSE AND THAT PAYMENT HAD BEEN MADE BY THE TREASURER OF THE UNITED STATES. YOU WERE ALSO ADVISED THAT THE PROVISIONS OF SECTION 2 OF THE ACT OF JUNE 22. PRECLUDE PAYMENT ON CLAIMS FOR THE PROCEEDS OF CHECKS WHERE SUCH CLAIMS ARE NOT PRESENTED TO OUR OFFICE OR TO THE TREASURER OF THE UNITED STATES WITHIN SIX YEARS AFTER THE DATE OF ISSUANCE OF THE CHECK. YOUR CLAIM WAS NOT PRESENTED WITHIN THE STATUTORY PERIOD. YOU WERE ADVISED BY OUR LETTER OF MAY 1. THAT THE RECORDS SHOW THAT THE CHECKS INVOLVED WERE DRAWN TO YOUR ORDER BY THE FINANCE OFFICER.

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B-152121, AUG. 13, 1963

TO MR. MITCHELL W. BARNES:

YOUR RECENT LETTER REQUESTS FURTHER CONSIDERATION OF YOUR CLAIMS FOR THE PROCEEDS OF THE FOLLOWING-DESCRIBED CHECKS:

TABLE NUMBER DATE SYMBOL AMOUNT PAYEE 314087 2/8/56 B225,207 $100.00 MITCHELL W. BARNES 314088 2/8/56 B225,207 100.00 MITCHELL W. BARNES 314089 2/8/56 B225,207 471.79 MITCHELL W. BARNES

YOUR CLAIM WAS ORIGINALLY DISALLOWED BY OUR OFFICE SETTLEMENT OF APRIL 2, 1963, IN WHICH YOU WERE ADVISED THAT THE RECORDS OF OUR OFFICE INDICATE THAT THE CHECKS WERE NEGOTIATED IN DUE COURSE AND THAT PAYMENT HAD BEEN MADE BY THE TREASURER OF THE UNITED STATES. YOU WERE ALSO ADVISED THAT THE PROVISIONS OF SECTION 2 OF THE ACT OF JUNE 22, 1926, AS AMENDED, 31 U.S.C. 122, PRECLUDE PAYMENT ON CLAIMS FOR THE PROCEEDS OF CHECKS WHERE SUCH CLAIMS ARE NOT PRESENTED TO OUR OFFICE OR TO THE TREASURER OF THE UNITED STATES WITHIN SIX YEARS AFTER THE DATE OF ISSUANCE OF THE CHECK. YOUR CLAIM WAS NOT PRESENTED WITHIN THE STATUTORY PERIOD.

YOUR LETTER POSTMARKED APRIL 9, 1963, REQUESTED RECONSIDERATION OF YOUR CLAIM ON THE BASIS OF YOUR CONTENTION THAT YOU NEVER RECEIVED THE CHECKS.

YOU WERE ADVISED BY OUR LETTER OF MAY 1, 1963, THAT THE RECORDS SHOW THAT THE CHECKS INVOLVED WERE DRAWN TO YOUR ORDER BY THE FINANCE OFFICER, USAF, WALKER AIR FORCE BASE, NEW MEXICO, ON FEBRUARY 8, 1956, AND THAT THEY WERE NEGOTIATED IN DUE COURSE AND PAID BY THE TREASURER OF THE UNITED STATES. YOU WERE ALSO ADVISED THAT WHETHER OR NOT YOU RECEIVED AND NEGOTIATED THE CHECKS IS NOT A CONTROLLING FACTOR IN THE MATTER BECAUSE THE PROVISIONS OF 31 U.S.C. 122, SPECIFICALLY BARRED YOUR CLAIM.

YOU SAY THAT YOU DID NOT RECEIVE THE CHECKS IN QUESTION. HOWEVER, THE CHECKS DO NOT APPEAR ON THE OUTSTANDING LIST AND, THEREFORE, WE CAN ONLY CONCLUDE THAT THEY HAVE BEEN PAID IN DUE COURSE AND SUBSEQUENTLY DESTROYED. THUS, AN EXAMINATION OF THE INDORSEMENTS ON THE CHECKS IS IMPOSSIBLE.

BY REASON OF THE PREJUDICIAL EFFECT INCURRED BY YOUR DELAY IN FILING YOUR CLAIM, THE GOVERNMENT HAS LOST THE ABILITY TO PROVE OR DISPROVE THE PROPRIETY OF THE NEGOTIATION OF THE CHECKS. IN ANY EVENT, THE CITED ACT OF JUNE 22, 1926, SPECIFICALLY REQUIRES US TO DISALLOW YOUR CLAIM AND WE HAVE NO DISCRETION IN THE MATTER.

IN VIEW OF THE ABOVE, THE PREVIOUS ACTIONS OF APRIL 2 AND MAY 1, 1963, DISALLOWING YOUR CLAIM, MUST BE SUSTAINED.

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