B-127317, MAY 21, 1956

B-127317: May 21, 1956

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YOU WERE RELIEVED FROM ASSIGNMENT TO AND DUTY WITH THE 434TH TROOP CARRIER WING M. YOU WERE DIRECTED TO REPORT NOT LATER THAN DECEMBER 15. YOU WERE DIRECTED TO PROCEED TO TRAVIS AIR FORCE BASE AND REPORT TO ROOM 51. DEPENDENTS WERE NOT AUTHORIZED TO ACCOMPANY YOU TO CAMP STONEMAN PROCESSING CENTER OR TO THE PORT OF EMBARKATION. YOU WERE PAID $219.15 FOR THEIR TRAVEL ON VOUCHER NO. 2239 IN THE JANUARY 1952 ACCOUNTS OF CAPTAIN F. UPON AUDIT OF THE VOUCHER EXCEPTION WAS TAKEN TO THE PAYMENT BECAUSE A NME FORM NO. 137. INCIDENT TO YOUR TRANSFER OVERSEAS WHICH CLAIM WAS DISALLOWED BY SETTLEMENT DATED FEBRUARY 8. THE CLAIM WAS DISALLOWED FOR THE REASON THAT YOU CERTIFIED ON VOUCHER NO. 2239 THAT YOUR DEPENDENTS HAD TRAVELED TO SAN FRANCISCO.

B-127317, MAY 21, 1956

TO CAPTAIN DALE W. EDER, USAF:

YOUR LETTER OF FEBRUARY 23, 1956, REQUESTS REVIEW OF SETTLEMENT DATED FEBRUARY 8, 1956, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF YOUR DEPENDENTS' (WIFE AND TWO CHILDREN) TRAVEL FROM BEECH GROVE, INDIANA, TO SEATTLE, WASHINGTON, DURING THE PERIOD JANUARY 7 TO 12, 1953, INCIDENT TO CHANGE OF STATION ORDERS DATED NOVEMBER 19, 1951.

BY SPECIAL ORDERS NO. 145, DATED NOVEMBER 19, 1951, YOU WERE RELIEVED FROM ASSIGNMENT TO AND DUTY WITH THE 434TH TROOP CARRIER WING M, ATTERBURY AIR FORCE BASE, COLUMBUS, INDIANA, AND TRANSFERRED TO THE 2349TH PERSONNEL PROCESSING GROUP, CAMP STONEMAN, CALIFORNIA. YOU WERE DIRECTED TO REPORT NOT LATER THAN DECEMBER 15, 1951. BY SPECIAL ORDERS NO. 304 DATED DECEMBER 21, 1951, YOU WERE DIRECTED TO PROCEED TO TRAVIS AIR FORCE BASE AND REPORT TO ROOM 51, MILITARY AIR TRANSPORT SERVICE,PORT OF EMBARKATION OFFICE, TERMINAL BUILDING, PENDING AIRLIFT TO JAPAN. DEPENDENTS WERE NOT AUTHORIZED TO ACCOMPANY YOU TO CAMP STONEMAN PROCESSING CENTER OR TO THE PORT OF EMBARKATION.

ON JANUARY 3, 1952, WHILE SERVING OVERSEAS, YOU SIGNED A VOUCHER ON WHICH YOU CLAIMED SIX CENTS PER MILE FOR YOUR WIFE'S TRAVEL AND THREE CENTS PER MILE FOR YOUR DAUGHTERS' TRAVEL DURING THE PERIOD DECEMBER 6 TO 14, 1951, FROM BEECH GROVE, INDIANA, TO SAN FRANCISCO, CALIFORNIA, A DISTANCE OF 2,435 MILES. YOU WERE PAID $219.15 FOR THEIR TRAVEL ON VOUCHER NO. 2239 IN THE JANUARY 1952 ACCOUNTS OF CAPTAIN F. P. PETTEY, USAF, SYMBOL 225- 181. UPON AUDIT OF THE VOUCHER EXCEPTION WAS TAKEN TO THE PAYMENT BECAUSE A NME FORM NO. 137, DATED JANUARY 1, 1952, SHOWS YOUR DEPENDENTS' ADDRESS ON THAT DATE AS BEECH GROVE--- NOT SAN FRANCISCO. YOU REPAID THAT SUM TO THE GOVERNMENT. ON OCTOBER 19, 1954, YOU SUBMITTED A CLAIM IN THE AMOUNT OF $285.36 FOR TRAVEL OF YOUR DEPENDENTS (WIFE AND TWO CHILDREN) BETWEEN JANUARY 7 AND 12, 1953, FROM BEECH GROVE, INDIANA, TO SEATTLE, WASHINGTON, INCIDENT TO YOUR TRANSFER OVERSEAS WHICH CLAIM WAS DISALLOWED BY SETTLEMENT DATED FEBRUARY 8, 1956. THE CLAIM WAS DISALLOWED FOR THE REASON THAT YOU CERTIFIED ON VOUCHER NO. 2239 THAT YOUR DEPENDENTS HAD TRAVELED TO SAN FRANCISCO,CALIFORNIA, WHEREAS THE RECORD INDICATED THAT THE TRAVEL WAS NOT PERFORMED OR WAS PERFORMED WITHOUT THE INTENT OF ESTABLISHING A BONA FIDE RESIDENCE THERE, AND YOUR ATTENTION WAS INVITED TO 28 U.S.C. 2514.

IN YOUR LETTER OF FEBRUARY 23, 1956, YOU SAY THAT UPON ARRIVAL AT YOUR STATION OVERSEAS, IT WAS YOUR IMPRESSION THAT IF YOU WERE PLANNING FOR YOUR DEPENDENTS TO JOIN YOU OVERSEAS, YOU COULD COLLECT THE TRAVEL PAY FROM BEECH GROVE, INDIANA, TO SAN FRANCISCO, CALIFORNIA, WHICH YOU DID. IT NOW SEEMS CLEAR THAT YOUR DEPENDENTS DID NOT TRAVEL TO SAN FRANCISCO, CALIFORNIA, IN DECEMBER 1951, INCIDENT TO YOUR ORDERS OF NOVEMBER 19, 1951, AND THAT THE PAYMENT MADE TO YOU ON VOUCHER NO. 2239 WAS ON THE BASIS OF A FALSE CLAIM.

SECTION 2514, TITLE 28 OF THE U.S.C. PROVIDES:

"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.'

THE FRAUDULENT PRESENTATION OF A CLAIM AGAINST THE UNITED STATES FOR A GREATER AMOUNT THAN IS DUE, OR FOR AN AMOUNT THAT IS NOT DUE, VITIATES AND DESTROYS THE CLAIMANT'S RIGHTS IN THE ENTIRE CLAIM. 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 DEPENDENTS' TRAVEL TO SAN FRANCISCO WHEN YOUR VOUCHER WAS SUBMITTED SINCE NO TRAVEL HAD BEEN PERFORMED BY THEM. PAYMENT MAY NOT NOW BE MADE ON THE BASIS THAT THEY LATER ACTUALLY TRAVELED TO SEATTLE, WASHINGTON, INCIDENT TO YOUR CHANGE OF STATION.

ACCORDINGLY, THE SETTLEMENT OF FEBRUARY 8, 1956, WAS CORRECT AND IS SUSTAINED.