B-130452, FEB. 20, 1957

B-130452, FEB. 20, 1957

TO STAFF SERGEANT FRANK A. RICHARDS:

YOUR LETTER DATED DECEMBER 20, 1956, REQUESTS REVIEW OF SETTLEMENT DATED DECEMBER 6, 1956, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE TRAVEL OF YOUR DEPENDENT WIFE FROM RIVERSIDE, CALIFORNIA, TO SHREVEPORT, LOUISIANA.

BY ORDERS DATED OCTOBER 18, 1951, YOU WERE ORDERED FROM MARCH AIR FORCE BASE, CALIFORNIA, TO CAMP KILMER, NEW JERSEY, FOR ASSIGNMENT TO AN OVERSEAS STATION. ON JANUARY 10, 1952, AFTER YOUR ARRIVAL AT YOUR OVERSEAS STATION, YOU SUBMITTED A CLAIM FOR YOUR WIFE'S TRAVEL CERTIFYING THAT SHE TRAVELED BY PRIVATELY OWNED AUTOMOBILE FROM RIVERSIDE, CALIFORNIA, TO NEW BRUNSWICK, NEW JERSEY, BETWEEN THE DATES OF OCTOBER 20 AND NOVEMBER 5, 1951. ON THE BASIS OF YOUR CERTIFICATION ATTESTING TO THE CORRECTNESS OF THOSE FACTS, YOU WERE PAID $180.36 AS REIMBURSEMENT FOR HER TRAVEL. THE PAYMENT WAS MADE ON VOUCHER NO. 14384 IN THE FEBRUARY 1952 ACCOUNTS OF MAJOR JOSEPH F. CRABLE, DISBURSING OFFICER, USAF. UPON AUDIT OF THE VOUCHER, AN EXCEPTION WAS TAKEN TO THE PAYMENT BECAUSE PLACES AND DATES OF NEGOTIATION OF CLASS Q ALLOTMENT CHECKS BY YOUR DEPENDENT INDICATED THAT THE TRAVEL AS CLAIMED WAS NOT PERFORMED. AS A RESULT YOU WERE REQUIRED TO REFUND THE AMOUNT PAID.

ON JANUARY 5, 1956, YOU FILED A SECOND CLAIM (FOR $96.18) IN WHICH YOU CERTIFIED THAT YOUR DEPENDENT ACTUALLY TRAVELED FROM RIVERSIDE, CALIFORNIA, TO SHREVEPORT, LOUISIANA, BY PRIVATELY OWNED CONVEYANCE DURING THE PERIOD OCTOBER 20 TO 24, 1951. ALSO, YOU STATED THAT IN JULY 1952 YOUR WIFE WAS FURNISHED GOVERNMENT TRANSPORTATION FROM SHREVEPORT TO THE PORT OF EMBARKATION, NEW BRUNSWICK, NEW JERSEY. THE CLAIM WAS DISALLOWED BY THE SETTLEMENT OF DECEMBER 6, 1956.

IN THE LETTER OF DECEMBER 20, 1956, YOU SAY YOU MADE THE ORIGINAL CLAIM IN ACCORDANCE WITH INSTRUCTIONS FROM THE FINANCE OFFICE AT YOUR OVERSEAS STATION AND BECAUSE YOU WERE TOLD IT WAS PERMISSIBLE. YOU ALSO SAY THAT YOU DID NOT KNOW THAT YOU WERE MAKING A MISTAKE, IT BEING THE FIRST CLAIM OF THIS NATURE THAT YOU HAD EVER FILED. YOU CONTEND THAT YOU ARE ENTITLED TO THE ALLOWANCE OF YOUR CLAIM SINCE YOUR WIFE SUBSEQUENTLY SPENT 27 MONTHS WITH YOU AT YOUR OVERSEAS STATION.

PARAGRAPH 7003, JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814, PROVIDES THAT A MEMBER OF THE ARMED FORCES WHO TRANSPORTS HIS DEPENDENTS AT HIS OWN EXPENSE MAY BE PAID A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION FOR TRAVEL PERFORMED WITHIN THE UNITED STATES, AND THAT THE ALLOWANCE IS PAYABLE AFTER THE TRAVEL HAS BEEN COMPLETED. ANOTHER PROVISION OF LAW IMPOSES A FURTHER OBLIGATION, HOWEVER, THAT CLAIMS AGAINST THE UNITED STATES BE BASED ON TRUE FACTS. 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 THE 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 EVEN THOUGH THE CLAIMANT LATER ALTERS HIS STATEMENT TO REFLECT THE TRUE FACTS.

IN YOUR CASE, YOU CERTIFIED THAT YOUR DEPENDENTS TRAVELED FROM RIVERSIDE, CALIFORNIA, TO NEW BRUNSWICK, NEW JERSEY, BETWEEN THE DATES OF OCTOBER 20 AND NOVEMBER 5, 1951, APPARENTLY WITH THE FULL KNOWLEDGE THAT THE TRAVEL HAD NOT BEEN PERFORMED. THAT CLAIM WAS FALSE AND IS FORFEITED. NOTWITHSTANDING YOUR CONTENTION THAT YOU WERE ERRONEOUSLY ADVISED AND THAT THE TRUE FACTS ARE AS NOW CLAIMED, PAYMENT MAY NOT BE MADE ON YOUR CLAIM.

ACCORDINGLY, THE SETTLEMENT OF DECEMBER 6, 1956, WAS CORRECT AND IS SUSTAINED.