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B-271312 1 (1997-01-17)

handle is hein.gao/gaocrptafpt0001 and id is 1 raw text is: G AO United States General Accounting Office Washington, D.C. 20548 Office of the General Counsel B-271312 January 17, 1997 Mr. John S. Nabil Director Defense Finance and Accounting Service Denver Center 6760 E. Irvington Place Denver, CO 80279 Dear Mr. Nabil: This responds to your request of January 29, 1996 for relief of Captain Harvey B. Rice, Defense Accounting Officer (DAO), McGuire Air Force Base, New Jersey, under 31 U.S.C. § 3527(c), for an improper payment of $15,117.81 payable to Spensieri Enterprises, Ltd. For the reasons below, we grant relief. The loss resulted when the payee, Spensieri, negotiated both the original and a replacement, or recertified check. On January 31, 1994, the McGuire Air Force Base Defense Accounting Office issued a check to Spensieri for $15,117.81 as finial payment under a construction contract. Almost six week later, on March 10, Spensieri notified the accounting office that it had not received the check, and submitted Air Force Form 326, Statement of Claimant Requesting Stoppage of Payment and Request for Substitute of U.S. Treasury Check. On that same day, Captain Rice, using Standard Form 1184, Unavailable Check Cancellation, notified Treasury to cancel the check. After receiving confirmation from Treasury, dated March 29, that the check had been cancelled and that his account had been credited for the amount of the check, Captain Rice on May 2 issued a replacement check to Spensieri, which Spensieri cashed. Over seven months later, on December 19, Treasury advised Captain Rice that Spensieri had cashed the original check on August 9. Treasury also informed Captain Rice that it had reversed its March 29 action crediting his account with the amount of the original check. Consequently, Captain Rice's account has been charged for 2 checks, each in the amount of $15,117.81, and now carries a deficiency of $15,117.81. 409115

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