B-125929, DEC. 1, 1955

B-125929: Dec 1, 1955

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HOWARD: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 7. YOU WERE RELIEVED FROM ASSIGNMENT AND DUTY AT THAT STATION AND TRANSFERRED TO MOODY AIR FORCE BASE. ON THE BASIS OF YOUR CERTIFICATE YOU WERE PAID $152.28 AS REIMBURSEMENT FOR HER TRAVEL. THE PAYMENT WAS MADE ON VOUCHER 1488 IN THE JULY 1951 ACCOUNTS OF CAPTAIN E. UPON AUDIT OF THAT OFFICER'S ACCOUNTS EXCEPTION WAS TAKEN TO THE PAYMENT FOR THE REASON THAT YOUR MILITARY PAY RECORD FOR THE PERIODS ENDING JUNE 30 AND DECEMBER 31. THUS INDICATING THAT THE TRAVEL WAS FOR THE PURPOSE OF VISITING RATHER THAN FOR THE PURPOSE OF ESTABLISHING A RESIDENCE. SIMILAR EXCEPTIONS WERE TAKEN IN MANY CASES WHERE THERE WAS SOME QUESTION AS TO WHETHER THE TRAVEL ACTUALLY WAS PERFORMED OR WHETHER.

B-125929, DEC. 1, 1955

TO MR. ROY M. HOWARD:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 7, 1955, REQUESTING REVIEW OF YOUR INDEBTEDNESS TO THE UNITED STATES IN THE SUM OF $152.28 ARISING IN CONNECTION WITH YOUR SERVICE AS CAPTAIN, UNITED STATES AIR FORCE.

BY PARAGRAPH 2, SPECIAL ORDER NO. 14, DATED APRIL 17, 1951, GOWEN FIELD, BOISE, IDAHO, YOU WERE RELIEVED FROM ASSIGNMENT AND DUTY AT THAT STATION AND TRANSFERRED TO MOODY AIR FORCE BASE, VALDOSTA, GEORGIA, FOR DUTY. JUNE 12, 1951, YOU SUBMITTED A CLAIM FOR REIMBURSEMENT FOR YOUR WIFE'S TRAVEL, CERTIFYING THAT SHE DEPARTED BOISE, IDAHO, ON MAY 10, 1951, AND ARRIVED AT VALDOSTA, GEORGIA, ON MAY 20, 1951. ON THE BASIS OF YOUR CERTIFICATE YOU WERE PAID $152.28 AS REIMBURSEMENT FOR HER TRAVEL. THE PAYMENT WAS MADE ON VOUCHER 1488 IN THE JULY 1951 ACCOUNTS OF CAPTAIN E. S. FOLSOM, USAF. UPON AUDIT OF THAT OFFICER'S ACCOUNTS EXCEPTION WAS TAKEN TO THE PAYMENT FOR THE REASON THAT YOUR MILITARY PAY RECORD FOR THE PERIODS ENDING JUNE 30 AND DECEMBER 31, 1951, SHOWED YOUR WIFE'S ADDRESS AS BOISE, IDAHO, THUS INDICATING THAT THE TRAVEL WAS FOR THE PURPOSE OF VISITING RATHER THAN FOR THE PURPOSE OF ESTABLISHING A RESIDENCE. SIMILAR EXCEPTIONS WERE TAKEN IN MANY CASES WHERE THERE WAS SOME QUESTION AS TO WHETHER THE TRAVEL ACTUALLY WAS PERFORMED OR WHETHER, IF PERFORMED, IT WAS FOR THE PURPOSE OF ESTABLISHING A NEW RESIDENCE.

IT IS YOUR CONTENTION THAT THE TRAVEL WAS PERFORMED FOR THE PURPOSE OF ESTABLISHING A PERMANENT RESIDENCE. IN SUPPORT OF YOUR CONTENTION ALFRED F. DOUGHERTY, AN ATTORNEY, HAS FURNISHED AFFIDAVITS EXECUTED BY YOU AND YOUR WIFE ON OCTOBER 25, 1955. COPIES OF THOSE AFFIDAVITS ALSO WERE FURNISHED US BY SENATOR MANSFIELD AND CONGRESSMAN METCALF. IN THOSE AFFIDAVITS BOTH YOU AND YOUR WIFE AVER THAT, ON OR ABOUT SEPTEMBER 5, OR 6, 1951, SHE ACTUALLY TRAVELED BY AIR FROM BOISE, IDAHO, TO VALDOSTA, GEORGIA, WHERE SHE RESIDED WITH YOU UNTIL NOVEMBER 16 OR 17, 1951. VIEW OF THOSE STATEMENTS, A QUESTION ARISES OTHER THAN THE ONE RELATING TO ESTABLISHING A RESIDENCE. IF THOSE STATEMENTS ARE CORRECT, IT IS CLEAR THAT WHEN YOU SUBMITTED YOUR CLAIM YOUR WIFE HAD NOT TRAVELED AT ALL. THAT SUCH IS THE CASE IS FURTHER INDICATED BY A LETTER FROM MR. DOUGHERTY IN WHICH IT IS STATED THAT YOU ADVISED HIM THAT YOUR WIFE DID NOT ACCOMPANY YOU TO VALIDOSTA IN MAY 1951, DUE TO THE FACT THAT SHE WAS SEVEN OR EIGHT MONTHS PREGNANT. THUS, IT NOW SEEMS CLEAR THAT YOU WERE PAID ON THE BASIS OF A FALSE CLAIM.

THE FRAUDULENT PRESENTATION OF A CLAIM AGAINST THE GOVERNMENT FOR A GREATER AMOUNT THAN IS DUE VITIATES AND DESTROYS THE CLAIMANT'S RIGHT IN THE ENTIRE CLAIM. 28 U.S.C. 2514. IN SUCH A SITUATION, NO AMOUNT MAY BE PAID ON THE ACCOUNT EVEN THOUGH THE CLAIMANT LATER ALTERS HIS STATEMENT TO REFLECT THE TRUE FACTS, AND THE ENTIRE PAYMENT ON THE FALSE VOUCHER MUST BE RECOVERED. IN YOUR CASE, IT APPEARS THAT NO AMOUNT WAS DUE AS REIMBURSEMENT FOR YOUR WIFE'S TRAVEL WHEN YOUR VOUCHER WAS SUBMITTED SINCE NO TRAVEL HAD BEEN PERFORMED BY HER.

ACCORDINGLY, YOU ARE INDEBTED TO THE UNITED STATES IN THE SUM OF $152.28. PAYMENT SHOULD BE MADE BY CHECK OR MONEY ORDER PAYABLE TO THE "U.S. GENERAL ACCOUNTING OFFICE" AND FORWARDED TO THE FOLLOWING ADDRESS:

U. S. GENERAL ACCOUNTING OFFICE ..END :