B-128896, SEP. 10, 1956

B-128896: Sep 10, 1956

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

YOU WERE RELIEVED FROM ASSIGNMENT AT SAULT STE. AFTER SUCH TEMPORARY DUTY YOU WERE TO REPORT AT CAMP STONEMAN. ON THE BASIS OF THAT CERTIFICATION YOU WERE PAID $68.04 AS REIMBURSEMENT FOR YOUR WIFE'S TRAVEL. EXCEPTION WAS TAKEN TO THE PAYMENT BECAUSE INFORMATION ON FILE DATED JUNE 23. THE CLAIM WAS DISALLOWED FOR THE REASON THAT YOU ADMITTEDLY HAD MADE INCORRECT STATEMENTS IN YOUR ORIGINAL CLAIM AS TO THE TIME YOUR WIFE TRAVELED. THUS RECEIVED PAYMENT TO WHICH YOU WERE NOT ENTITLED. THE DATE OF DEPARTURE WAS USED AND YOU ALLOWED A REASONABLE LENGTH OF TIME FOR THE PERFORMANCE OF TRAVEL. IT IS YOUR CONTENTION THAT SINCE YOUR WIFE ACTUALLY DID PERFORM THE TRAVEL YOU ARE ENTITLED TO REIMBURSEMENT IRRESPECTIVE OF THE FACT THAT SHE HAD NOT PERFORMED SUCH TRAVEL WHEN YOU SUBMITTED YOUR ORIGINAL VOUCHER.

B-128896, SEP. 10, 1956

TO CAPTAIN PAUL V. STAHLMAN, USAF:

YOUR LETTER OF JUNE 29, 1956, REQUESTS REVIEW OF OUR SETTLEMENT DATED JUNE 19, 1956, WHICH DISALLOWED YOUR CLAIM FOR YOUR WIFE'S TRAVEL FROM SAULT STE. MARIE, MICHIGAN, TO MANCHESTER, NEW HAMPSHIRE, INCIDENT TO YOUR CHANGE OF STATION ORDERS DATED JANUARY 28, 1953.

BY ORDERS DATED JANUARY 28, 1953, YOU WERE RELIEVED FROM ASSIGNMENT AT SAULT STE. MARIE, MICHIGAN, AND ORDERED TO VARIOUS TEMPORARY DUTY STATIONS FOR TRAINING. AFTER SUCH TEMPORARY DUTY YOU WERE TO REPORT AT CAMP STONEMAN, CALIFORNIA, FOR SUBSEQUENT ASSIGNMENT TO THE 5TH AIR FORCE ON PROJECT 7010. ON SEPTEMBER 15, 1953, YOU SUBMITTED A VOUCHER FOR REIMBURSEMENT FOR YOUR WIFE'S TRAVEL ON WHICH YOU CERTIFIED THAT SHE TRAVELED FROM SAULT STE. MARIE, MICHIGAN, TO MANCHESTER, NEW HAMPSHIRE, DURING THE PERIOD MARCH 26 TO APRIL 1, 1953. ON THE BASIS OF THAT CERTIFICATION YOU WERE PAID $68.04 AS REIMBURSEMENT FOR YOUR WIFE'S TRAVEL.

UPON AUDIT OF THE VOUCHER, EXCEPTION WAS TAKEN TO THE PAYMENT BECAUSE INFORMATION ON FILE DATED JUNE 23, 1953, SHOWED YOUR WIFE'S ADDRESS ON THAT DATE AS BRIDGEVILLE, PENNSYLVANIA--- NOT MANCHESTER, NEW HAMPSHIRE. AFTER YOU REMITTED THE AMOUNT PAID, YOU FILED THE PRESENT CLAIM IN WHICH YOU STATE YOUR WIFE ACTUALLY TRAVELED FROM SAULT STE. MARIE TO MANCHESTER BETWEEN MARCH 23 AND OCTOBER 15, 1953. THE CLAIM WAS DISALLOWED FOR THE REASON THAT YOU ADMITTEDLY HAD MADE INCORRECT STATEMENTS IN YOUR ORIGINAL CLAIM AS TO THE TIME YOUR WIFE TRAVELED, AND THUS RECEIVED PAYMENT TO WHICH YOU WERE NOT ENTITLED. IN YOUR LETTER YOU SAY THAT WHEN YOU FILED YOUR ORIGINAL CLAIM YOU DID NOT KNOW WHEN YOUR WIFE WOULD ARRIVE AT HER DESTINATION. THEREFORE, THE DATE OF DEPARTURE WAS USED AND YOU ALLOWED A REASONABLE LENGTH OF TIME FOR THE PERFORMANCE OF TRAVEL. IT IS YOUR CONTENTION THAT SINCE YOUR WIFE ACTUALLY DID PERFORM THE TRAVEL YOU ARE ENTITLED TO REIMBURSEMENT IRRESPECTIVE OF THE FACT THAT SHE HAD NOT PERFORMED SUCH TRAVEL WHEN YOU SUBMITTED YOUR ORIGINAL VOUCHER.

THE JOINT TRAVEL REGULATIONS PROVIDE FOR REIMBURSEMENT FOR TRAVEL OF DEPENDENTS, WITHIN CERTAIN LIMITATIONS, AFTER TRAVEL HAS BEEN COMPLETED. YOU NOW ADMIT THAT WHEN YOU FILED YOUR VOUCHER CLAIMING REIMBURSEMENT FOR YOUR WIFE'S TRAVEL THAT THE TRAVEL HAD NOT BEEN COMPLETED AND IT APPEARS THAT YOU WERE AWARE, WHEN YOU SIGNED THE VOUCHER, THAT THE INFORMATION SHOWN WAS FALSE.

THE ACT OF JUNE 25, 1948, 28 U.S.C. 2514, PROVIDES THAT ANY 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, OR ALLOWANCE OF THE CLAIM. UNDER THAT PROVISION OF LAW IT CONSISTENTLY HAS BEEN THE VIEW OF THE ACCOUNTING OFFICERS OF THE GOVERNMENT THAT THE PRESENTATION OF A CLAIM AGAINST THE UNITED STATES WITH KNOWLEDGE THAT THE FACTS STATED IN SUPPORT OF THAT CLAIM ARE FALSE, VITIATES AND DESTROYS THE CLAIMANT'S RIGHTS IN THE ENTIRE CLAIM. IN SUCH A SITUATION, NO AMOUNT MAY BE PAID AND THE ENTIRE PAYMENT ON THE FALSE VOUCHER MUST BE RECOVERED EVEN THOUGH THE CLAIMANT LATER ALTERS HIS STATEMENT TO REFLECT THE TRUE FACTS.

PAYMENT MAY NOT NOW BE MADE ON THE BASIS THAT YOUR WIFE ACTUALLY TRAVELED TO MANCHESTER AT A LATER DATE, INCIDENT TO YOUR CHANGE OF STATION AND ACCORDINGLY, THE SETTLEMENT OF JUNE 19, 1956, ..END :