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B-275828.2 1 (1997-01-28)

handle is hein.gao/gaocrptafvw0001 and id is 1 raw text is: 




G   AO          United States
                General Accounting Office
                Washington, D.C. 20548

                Office of the General Counsel




                B-275828.2



                January 28, 1997


                Mr. Raymond D. Asedo
                818 Pier View Way
                P.O. Box 207
                Oceanside, CA 90249-0207

                Dear Mr. Asedo:

                This is in response to your letter dated December 3, 1996, with enclosures,
                requesting that the Comptroller General waive the time limitations for filing claims
                provided by 31 U.S.C. § 3702. You ask that we waive the time limitation so that you
                may receive payment for military retired pay for 3 months in 1987 for which you
                received checks from the U.S. Marine Corps but which you failed to negotiate. As
                explained below, we may not comply with your request.

                You recently discovered the three checks in question, each in the amount of
                $922.55, dated in March, April, and May 1987, respectively, in your safe after your
                secretary misplaced them. Copies of correspondence enclosed with your letter
                show that in July 1996, you forwarded the checks to the Defense Finance and
                Accounting Center (DFAS), asking that replacement checks be issued. However,
                by letter dated November 13, 1996, DFAS, Kansas City Center, advised
                Congressman Ron Packard, who had inquired about the matter on your behalf, that
                reissuance of the checks is barred by 31 U.S.C. § 3702(c), which provides that any
                claim on account of a Treasury check shall be barred unless it is presented to the
                agency that authorized issuance of the check within I year after the date of
                issuance. While this 1-year limitation does not affect the underlying obligation for
                which the check was issued, a claim for the amount due based on the underlying
                obligation is subject to 31 U.S.C. § 3702(b), which currently provides that the claim
                must be received by the official responsible for settling the claim or the agency that
                conducts the activity from which the claim arises within 6 years after the claim


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