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B-201707 1 (1981-07-14)

handle is hein.gao/gaobadjoq0001 and id is 1 raw text is: J2~7 5/ 0- T U N T2 0 STATES WAS4INGT0N, 0. C. 20548 FILE: B-201707 MATTER OF: -,omas L. Hinke DIGEST: 1. 31 U.S.C. q 122, i-h bars clai-s on checks or warrants appearing from records of General Accounting Office ( Or) orreazu eren to nave been paid unless received__ by GA-G or Tr-asurer oF Umi- States within 6 years after aze o issuance, was incorrectly apolied in sertieent action dsallowing claim te co;- tract refund. T.i. e vcucher indc-scates that refund was authorJa to be - 7 ch k no. 0- l18, da ed - Aril 14, 1972, no evidence has been crotide that Stich c1-ecl Aas i n _-7,t, rm-IA. :nzvioe that cl-.3 m was actually aid, 31 U.S.C. q 122 is not applicable. 2. 31 U.S.C. g 132 acolies to payment of check on presen- tation, n.ot to sit.ation wnere check is not available and is not besis for claim. 3. Under 31 U.S.C. - 7!a, claims cocnizable by GAO are forever barred unless received by GA,3 within 6 years after date they first accrue. Claim for refund of money not received after cancellation of Go-vernrment sales contract in April of 1972 was received by GAO on October 16, 1979. Sectio-n -71- bar includes oria- inal claims for rmoney not received. Thus, claim is barred and v not be considered by this Office. B-173348, Feoruary 27, 1979. Mr. Leon G. .. nuera, attorney for Mr. Thomas L. HInkle, has requested reconsideration of the action of our Claims Croun disallo%- q his clai m against the CGvern.ent for S30,000. We conclude that the disallowance was correct. Mr. Hinkle, nrcDrietor of the South :sia Facility, was awarded the right to purchase certain Government procerty (scrap metals), located in Saclon, Vietnam, - by the States Sales iviscn Pro- D2rtv Di-_o1' in .'trch of > 7, ho% C ild the CGovr ....t 12,300,000 Vietnamnese piasters ($30,000 United States eauivalent) for the prcoertv, but before be could ha, ,t ..'lv, :h ..... v .. ... re~~g 7 I 0SY DATE: July 14, 1981

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