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B-186291 1 (1976-06-30)

handle is hein.gao/gaobaddcg0001 and id is 1 raw text is: 

                             THE  COMPTRL.,-LER GENERAL
DECISION      . OF THE UNITED STATES
                             WASH ING.TON, o C. 2o54
                             1% rro,


DATE: JUN 3 01976q


FILE:
       B-186291
MATTER OF:


DIGEST:


     Nguyen Thi Chung and Chau Thi Nguyen - Claims for
     proceeds of checks issued to relatives who were
     not successfully evacuated from Vietnam.
Incident to evacuation of U.S. personnel and local national
employees from Vietnam, employees turning in Vietnamese
piasters were given receipts on the bases of which
Treasury checks were subsequently issued. Checks for
payees still in Vietnam were placed in special deposit
account pursuant to 31 U.S.C. H§ 123-128 for benefit
of payees and may not be paid out to relatives in
U.S. who claim power of attorney to receive proceeds.


     Two claims, involving similar facts and legal issues, have
been submitted by the Chief Disbursing Officer, Bureau of Government
Financial Operations, Fiscal Service, Department of the Treasury,
pursuant to 4 GAO § 5.1 (September 1, 1967) due to doubt as to the
claimants' entitlement to funds currently deposited to Treasury
receipt account No. 20F3875. The.question presented in each
claim is whether the proceeds of a United States Treasury check
issued to a payee in Vietnam may be paid to a claimant in the
United States, purportedly acting for the payee or based on a
right derived from the payee.

     The record shows that in anticipation of the evacuation of
United States personnel and local national employees from Vietnam,
the United States Disbursing Officer in Saigon was authorized to
accept Vietnamese piasters from local national employees in exchange
for either United States currency or Treasury checks. In some
cases, due to lack of time, the disbursing officer issued
receipts on Standard Form 1165, Receipt For Cash-Subvoucher, for
the piasters turned in.  It was apparently intended that Treasury
checks would be issued, based on the receipts, subsequent to
evacuation.

     The submission in claim No. Z-2618527 reveals that check No.
613,154 was issued to Nguyen Thi Kim Lan on the basis of one of
these Standard Form 1165 receipts, dated April 28, 1975. Nguyen
Thi Kim Lan remained in Vietnam. By letter dated April 29, 1975,
Nguyen Thi Chung, the payee's cousin, was authorized by the payee
to get my Receipt for Cash-Subvoucher in amount of $2,000 to be
issued subsequently.  The check was not forwarded to the payee
in Vietnam but was deposited to Treasury receipt account No. 20F3875,
pursuant to provisions.of sections 123 to 128, title 31, United
States Code (1970).  Nguyen Thi Chung contends that she is entitled
to the proceeds of check No. 613,154 on the basis of the April 29,
1975, authorization from the payee. -

                                                  S3-PUBLISHED)


DECISION


55 comp. G-len....

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