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B-183315 1 (1975-11-28)

handle is hein.gao/gaobadcrh0001 and id is 1 raw text is: 





DECISION


FILE:   . B-183315

MATTER OF:


DIGEST:


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THE  COMPTROLLER GENERAL
OF   THE UNITED STATES
WASHINGTON, D. C. 20548




       'DATE:   NOV  2 8 1975


Mr. Noah F. Bradley


Claim for proceeds of allotment checks allegedly
never received'by allottees was denied on basis
that claimant failed to make inquiry concerning
claim for protracted period during which time
the records which may prove or disprove the
validity of the claim had been destroyed. Sub-
sequent submission of sworn statements by par-
ties concerning their memory of events which
occurred approximately 30 years ago. may not be
considered satisfactory evidence of the validity
and nonpayment of the claim and no alternative
exists but to deny claim.


     This action is in response to a request from Brian Stromsoe, Esq.,
for reconsideration of the claim of Mr. Noah F. Bradley for the pro-
ceeds of allotment checks in the amount of $100 each during the period
August 1, 1944, to November 30, 1945, which he claims.were never
received by the allottees, 1-r. Bradley's parents. The request for
reconsideration was accompanied by affidavits submitted by various
individuals attesting to the best of their recollection that
Mr. Bradley's parents never received the checks.

     By settlement dated December 30, 1974, issued by our Transpor-
tation and Claims Division (now Claims Division), Mr. Bradley was
advised that the records pertaining to allotments during the period
in question had been destroyed pursuant to law. He was also advised
that in such circumstances, the accounting officers of the Govern-
ment have long held that in the absence of clear and satisfactory
evidence of validity and nonpayment of a claim, favorable considera-
tion could not be given to the matter where a claimant has failed
to act on his claim for a long period of years. However, if the
serial numbers of any uncashed allotment checks could be provided,
a further search of the official records could be made.

     Ir. Bradley responded to the settlement by stating that he
was unable to provide the serial numbers of the checks, since it
was his belief that the checks had never been issued.


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