B-158943, JUN. 20, 1966
Highlights
ELIAS FERNANDEZ: REFERENCE IS MADE TO YOUR LETTER DATED MAY 29. ON WHICH OUR DECISION WAS BASED. IN THE AMOUNT OF $100 EACH WERE ISSUED ON DECEMBER 30. THEIR RECORDS FURTHER REFLECT THAT BOTH OF THESE CHECKS WERE CASHED AND ACCEPTED FOR PAYMENT BY THE TREASURY DEPARTMENT. WHICH SPECIFICALLY PROVIDES THAT ALL CLAIMS CONCERNING CHECKS THAT HAVE BEEN ISSUED AND RECORDED BY THE TREASURY DEPARTMENT AS HAVING BEEN PAID. MUST BE PRESENTED WITHIN 6 YEARS OF THE DATE OF ISSUE OF SUCH CHECKS OR SUCH CLAIMS WILL BE FOREVER BARRED. THE FIRST NOTICE THAT THIS OFFICE HAD OF YOUR CLAIM WAS YOUR LETTER OF DECEMBER 13. CONSIDERABLY MORE THAN 6 YEARS AFTER THE CHECKS WERE ISSUED AND CASHED. AS WAS STATED IN OUR DECISION OF MAY 24.
B-158943, JUN. 20, 1966
TO MR. ELIAS FERNANDEZ:
REFERENCE IS MADE TO YOUR LETTER DATED MAY 29, 1966, RELATIVE TO OUR DECISION OF MAY 24, 1966, AND REQUESTING FURTHER CONSIDERATION BE GIVEN YOUR CLAIM, CONTENDING THAT THE ACT OF JUNE 22, 1926, ON WHICH OUR DECISION WAS BASED, DOES NOT CONTROL YOUR CASE.
THE RECORDS OF THE TREASURY DEPARTMENT CLEARLY SHOW THAT TWO CHECKS, IN THE AMOUNT OF $100 EACH WERE ISSUED ON DECEMBER 30, 1945 AND JANUARY 30, 1946, PAYABLE TO YOU AND SENT TO YOUR ADDRESS IN PUERTO RICO. THEIR RECORDS FURTHER REFLECT THAT BOTH OF THESE CHECKS WERE CASHED AND ACCEPTED FOR PAYMENT BY THE TREASURY DEPARTMENT.
YOU STATE THAT YOU NEITHER RECEIVED OR ENDORSED THESE CHECKS NOR GAVE PERMISSION TO ANYONE ELSE TO RECEIVE THEM ON YOUR BEHALF. HOWEVER, SUCH MATTERS DO NOT STOP THE OPERATION OF THE ACT OF JUNE 22, 1926, 44 STAT. 761, AS AMENDED, 31 U.S.C. 122, WHICH SPECIFICALLY PROVIDES THAT ALL CLAIMS CONCERNING CHECKS THAT HAVE BEEN ISSUED AND RECORDED BY THE TREASURY DEPARTMENT AS HAVING BEEN PAID, MUST BE PRESENTED WITHIN 6 YEARS OF THE DATE OF ISSUE OF SUCH CHECKS OR SUCH CLAIMS WILL BE FOREVER BARRED. THE FIRST NOTICE THAT THIS OFFICE HAD OF YOUR CLAIM WAS YOUR LETTER OF DECEMBER 13, 1965, CONSIDERABLY MORE THAN 6 YEARS AFTER THE CHECKS WERE ISSUED AND CASHED.
AS WAS STATED IN OUR DECISION OF MAY 24, 1966, NOT ONLY IS THIS OFFICE WITHOUT AUTHORITY TO GRANT ANY EXTENSION OF TIME OR MAKE ANY EXCEPTION TO THE PROVISIONS OF THE STATUTE, IT IS PREVENTED BY LAW FROM GIVING YOUR CLAIM FURTHER CONSIDERATION.
YOUR LETTER OF MAY 29, 1966, DOES NOT PRESENT ANY MATTERS NOT PREVIOUSLY CONSIDERED BY THIS OFFICE AND WE MUST ADHERE TO THE ACTION TAKEN IN OUR DECISION OF MAY 24, 1966.