B-116140, JUN 9, 1954

B-116140: Jun 9, 1954

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BIRDSONG: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 22. YOU WERE ORDERED TO ACTIVE DUTY FROM GLENDALE. THE HOME PORT OF WHICH WAS DAVISVILLE. YOU WERE PAID $201.04 FOR TRAVEL CERTIFIED BY YOU TO HAVE BEEN PERFORMED BY YOUR DEPENDENTS (WIFE AND TWO CHILDREN) FROM GLENDALE. YOU WERE TRIED BY SPECIAL COURT -MARTIAL ON THE CHARGE OF SUBMISSION OF A FALSE AND FRAUDULENT CLAIM AND THAT YOU WERE FOUND NOT GUILTY. YOUR PAY ACCOUNT WAS CHECKED FOR $201.04. ON THE BASIS THAT SUCH TRAVEL WAS NOT PERFORMED. ALTHOUGH YOU WERE FOUND NOT GUILTY BY A SPECIAL COURT-MARTIAL OF THE INTENT TO DEFRAUD THE GOVERNMENT. EVEN THOUGH IT BE ACCEPTED THAT THE TRAVEL FOR WHICH REIMBURSEMENT IS PRESENTLY CLAIMED ACTUALLY WAS PERFORMED.

B-116140, JUN 9, 1954

PRECIS-UNAVAILABLE

MR. WILLIAM S. BIRDSONG:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 22, 1954, REQUESTING REVIEW OF SETTLEMENT DATED FEBRUARY 15, 1954, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE TRAVEL OF YOUR DEPENDENTS FROM GLENDALE, ARIZONA, TO MIDDLEBRIDGE, RHODE ISLAND, BETWEEN SEPTEMBER 1 AND 6, 1952, INCIDENT TO YOUR SERVICE AS AN ENLISTED MAN, UNITED STATES NAVAL RESERVE.

BY ORDERS DATED FEBRUARY 5 AND APRIL 4, 1951, YOU WERE ORDERED TO ACTIVE DUTY FROM GLENDALE, ARIZONA, DIRECTED TO PROCEED TO SAN DIEGO, CALIFORNIA, FOR OUTFITTING AND GENERAL DETAIL, AND THENCE TO DUTY WITH MOBILE CONSTRUCTION BATTALION SIX, THE HOME PORT OF WHICH WAS DAVISVILLE, RHODE ISLAND, WHERE YOU REPORTED FOR DUTY ON MAY 29, 1951. ON VOUCHER 473, AUGUST 1951 ACCOUNTS OF D. F. DONAHUE, SYMBOL 584-818, YOU WERE PAID $201.04 FOR TRAVEL CERTIFIED BY YOU TO HAVE BEEN PERFORMED BY YOUR DEPENDENTS (WIFE AND TWO CHILDREN) FROM GLENDALE, ARIZONA, TO NORFOLK, VIRGINIA, BETWEEN MAY 8 AND 9, 1951. THE DEPARTMENT OF THE NAVY HAS REPORTED THAT THEREAFTER ON JULY 24, 1952, YOU WERE TRIED BY SPECIAL COURT -MARTIAL ON THE CHARGE OF SUBMISSION OF A FALSE AND FRAUDULENT CLAIM AND THAT YOU WERE FOUND NOT GUILTY. HOWEVER, YOUR PAY ACCOUNT WAS CHECKED FOR $201.04, REPRESENTING THE AMOUNT PREVIOUSLY PAID TO YOU AS REIMBURSEMENT FOR THE TRAVEL OF YOUR DEPENDENTS FROM GLENDALE TO NORFOLK, ON THE BASIS THAT SUCH TRAVEL WAS NOT PERFORMED. ON YOUR PRESENT CLAIM FOR REIMBURSEMENT FOR THE TRAVEL OF YOUR DEPENDENTS INCIDENT TO THE ORDERS OF FEBRUARY 5 AND APRIL 4, 1951, YOU CERTIFIED THAT THEY TRAVELED AT PERSONAL EXPENSE FROM GLENDALE, ARIZONA, TO MIDDLEBRIDGE, RHODE ISLAND, BETWEEN SEPTEMBER 1 AND 6, 1952.

SECTION 1 OF THE ACT OF JUNE 25, 1948, 62 STAT. 978, 28 U.S.C. A. 2514, PROVIDES AS FOLLOWS:

"A CLAIM AGAINST THE UNITED STATES SHALL BE FORFEITED TO THE UNITED STATES BY ANY PERSON WHO CORRUPTLY PRACTICES OR ATTEMPTS TO PRACTICE ANY FRAUD AGAINST THE UNITED STATES IN THE PROOF, STATEMENT, ESTABLISHMENT, OR ALLOWANCE THEREOF.

"IN SUCH CASES THE COURT OF CLAIMS SHALL SPECIFICALLY FIND SUCH FRAUD OR ATTEMPT AND RENDER JUDGMENT OF FORFEITURE."

ALTHOUGH YOU WERE FOUND NOT GUILTY BY A SPECIAL COURT-MARTIAL OF THE INTENT TO DEFRAUD THE GOVERNMENT, THE FACT REMAINS THAT THE INITIAL CLAIM FILED BY YOU CONTAINS FALSE STATEMENTS CONCERNING THE TRAVEL OF YOUR DEPENDENTS FROM GLENDALE TO NORFOLK, AND YOUR PRESENT CLAIM FOR REIMBURSEMENT FOR THEIR TRAVEL FROM GLENDALE TO MIDDLEBRIDGE INCIDENT TO THE SAME CHANGE OF STATION CONTAINS STATEMENTS CLEARLY INCONSISTENT WITH STATEMENTS MADE IN YOUR ORIGINAL CLAIM. HENCE, EVEN THOUGH IT BE ACCEPTED THAT THE TRAVEL FOR WHICH REIMBURSEMENT IS PRESENTLY CLAIMED ACTUALLY WAS PERFORMED, IN VIEW OF THE ABOVE-QUOTED PROVISIONS OF THE ACT OF JUNE 25, 1948, YOUR CLAIM MUST BE DENIED, LEAVING YOU TO SEEK SUCH REMEDY AS YOU MAY HAVE AVAILABLE TO YOU IN THE UNITED STATES COURT OF CLAIMS. SEE CHARLES V. UNITED STATES, 19 C. CLS. 316, 319; LONGWILL V. UNITED STATES, 17 C. CLS. 288, 291. THE COURT OF CLAIMS HAS JURISDICTION TO CONSIDER CLAIMS SUCH AS YOURS IF FILED THERE WITHIN SIX YEARS FROM THE DATE OF ACCRUAL THEREOF.

ACCORDINGLY, ON THE PRESENT RECORD NO FURTHER ACTION WILL BE TAKEN WITH RESPECT TO YOUR CLAIM BY THIS OFFICE.