B-131726, JUL. 25, 1957

B-131726: Jul 25, 1957

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BY THOSE ORDERS YOU WERE RELIEVED FROM ASSIGNMENT AT WESTOVER AIR FORCE BASE. ON THE BASIS OF THAT CERTIFICATION YOU WERE PAID $163.56 FOR THEIR TRAVEL ON VOUCHER NO. 29026 IN THE MARCH 1952 ACCOUNTS OF MAJOR L. EXCEPTION WAS TAKEN TO THE PAYMENT BECAUSE THE RECORD INDICATED THAT THE TRAVEL WAS NOT PERFORMED AS CLAIMED. ON THE BASIS OF THAT CERTIFICATION YOU WERE PAID $163.08 FOR THEIR TRAVEL ON VOUCHER NO. 3185 IN THE JULY 1952 ACCOUNTS OF MAJOR L. UPON AUDIT OF THIS VOUCHER EXCEPTION WAS TAKEN TO THE PAYMENT FOR THE REASON THAT PAYMENT WAS PREVIOUSLY MADE FOR THE SAME TRAVEL ON VOUCHER NO. 29026. THE CLAIM WAS DISALLOWED BY SETTLEMENT DATED OCTOBER 15. YOU APPARENTLY BELIEVE YOUR PRESENT CLAIM WAS DISALLOWED BECAUSE YOU HAD TWICE PREVIOUSLY CLAIMED AND RECEIVED PAYMENT ON THE BASIS OF TRAVEL ALLEGED TO HAVE BEEN PERFORMED FROM WESTOVER AIR FORCE BASE RATHER THAN FROM BLOOMINGBURG.

B-131726, JUL. 25, 1957

TO MASTER SERGEANT SAMUEL B. JERVIS:

YOUR LETTER OF APRIL 19, 1957, WITH ENCLOSURES, REQUESTS REVIEW OF OUR SETTLEMENT DATED OCTOBER 15, 1956, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS (WIFE AND DAUGHTER) FROM BLOOMINGBURG, NEW YORK, TO BROOKLEY AIR FORCE BASE, ALABAMA, INCIDENT TO YOUR CHANGE OF STATION ORDERS DATED JANUARY 31, 1952.

BY THOSE ORDERS YOU WERE RELIEVED FROM ASSIGNMENT AT WESTOVER AIR FORCE BASE, MASSACHUSETTS, AND ORDERED TO DUTY AT BROOKLEY AIR FORCE BASE, ALABAMA. ON FEBRUARY 27, 1952, YOU SUBMITTED A VOUCHER FOR REIMBURSEMENT FOR YOUR DEPENDENTS' TRAVEL ON WHICH YOU CERTIFIED THAT THEY TRAVELED FROM WESTOVER AIR FORCE BASE, MASSACHUSETTS, TO BROOKLEY AIR FORCE BASE, ALABAMA, DURING THE PERIOD FEBRUARY 6 TO 12, 1952. ON THE BASIS OF THAT CERTIFICATION YOU WERE PAID $163.56 FOR THEIR TRAVEL ON VOUCHER NO. 29026 IN THE MARCH 1952 ACCOUNTS OF MAJOR L. E. DOSTER, USAF, SYMBOL NO. 225- 266. UPON AUDIT OF THIS VOUCHER IN 1955, EXCEPTION WAS TAKEN TO THE PAYMENT BECAUSE THE RECORD INDICATED THAT THE TRAVEL WAS NOT PERFORMED AS CLAIMED. AS A RESULT OF THE EXCEPTION YOU REPAID THE SUM OF $163.56 TO THE GOVERNMENT IN JULY 1956.

ON JULY 21, 1952, YOU SUBMITTED A SECOND VOUCHER ON WHICH YOU CERTIFIED THAT YOUR DEPENDENTS TRAVELED FROM YOUR DUTY STATION AT HEADQUARTERS, BERMUDA BASE COMMAND, 1604TH AIR BASE GROUP, ATLANTIC DIVISION, MATS, APO 856, NEW YORK, TO WESTOVER AIR FORCE BASE, MASSACHUSETTS, DURING THE PERIOD OCTOBER 24 TO 25, 1951, AND FROM WESTOVER AIR FORCE BASE TO BROOKLEY AIR FORCE BASE DURING THE PERIOD JULY 5 TO JULY 10, 1952. ON THE BASIS OF THAT CERTIFICATION YOU WERE PAID $163.08 FOR THEIR TRAVEL ON VOUCHER NO. 3185 IN THE JULY 1952 ACCOUNTS OF MAJOR L. E. DOSTER, USAF, SYMBOL NO. 225-266. UPON AUDIT OF THIS VOUCHER EXCEPTION WAS TAKEN TO THE PAYMENT FOR THE REASON THAT PAYMENT WAS PREVIOUSLY MADE FOR THE SAME TRAVEL ON VOUCHER NO. 29026. IN APRIL 1956 YOU REPAID THE SUM OF $163.08 TO THE GOVERNMENT. ON APRIL 10, 1956, YOU FILED THE PRESENT CLAIM IN WHICH YOU STATE YOUR DEPENDENTS ACTUALLY TRAVELED FROM BLOOMINGBURG, NEW YORK, TO BROOKLEY AIR FORCE BASE, ALABAMA, DURING THE PERIOD JULY 5 TO 10, 1952, TRAVEL TO BLOOMINGBURG HAVING BEEN PERFORMED PRIOR TO YOUR ORDERS OF JANUARY 31, 1952. THE CLAIM WAS DISALLOWED BY SETTLEMENT DATED OCTOBER 15, 1956.

YOU APPARENTLY BELIEVE YOUR PRESENT CLAIM WAS DISALLOWED BECAUSE YOU HAD TWICE PREVIOUSLY CLAIMED AND RECEIVED PAYMENT ON THE BASIS OF TRAVEL ALLEGED TO HAVE BEEN PERFORMED FROM WESTOVER AIR FORCE BASE RATHER THAN FROM BLOOMINGBURG. YOU ENCLOSED SWORN STATEMENTS FROM MRS. HELEN JERVIS AND MRS. MERCEDES LLOYD THAT YOUR DEPENDENTS TRAVELED FROM BLOOMINGBURG, NEW YORK, TO BROOKLEY AIR FORCE BASE, ALABAMA, DURING THE PERIOD JULY 5 TO 10, 1952. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT YOU ADMITTEDLY MADE INCORRECT STATEMENTS IN YOUR ORIGINAL CLAIM AS TO THE PLACES BETWEEN WHICH YOUR DEPENDENTS TRAVELED AND THE TIME THEY PERFORMED THE TRAVEL (WESTOVER AIR FORCE BASE TO BROOKLEY AIR FORCE BASE, FEBRUARY 6 TO 12, 1952) AND THUS RECEIVED PAYMENT FOR YOUR DEPENDENTS TRAVEL TO WHICH YOU WERE NOT ENTITLED.

FROM THE FACTS NOW AVAILABLE IT IS UNDISPUTED THAT YOUR DEPENDENTS DID NOT TRAVEL FROM WESTOVER AIR FORCE BASE, MASSACHUSETTS, TO BROOKLEY AIR FORCE BASE, ALABAMA, DURING THE PERIOD FEBRUARY 6 TO 12, INCIDENT TO YOUR ORDERS OF JANUARY 31, 1952, AS YOU CERTIFIED ON VOUCHER NO. 29026 AND IT IS CLEAR THAT YOU KNEW THE INFORMATION SHOWN ON THE VOUCHER WAS FALSE. ALSO, ON VOUCHER NO. 3185 YOU CLAIMED PAYMENT FOR TRAVEL ALLEGED TO HAVE BEEN PERFORMED FROM WESTOVER AIR FORCE BASE TO BROOKLEY AIR FORCE BASE DURING JULY 1952, WHEREAS IT NOW APPEARS THAT TRAVEL ACTUALLY WAS PERFORMED FROM BLOOMINGBURG, NEW YORK, TO BROOKLEY AIR FORCE BASE, A SHORTER DISTANCE.

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 DEPENDENTS ACTUALLY TRAVELED FROM BLOOMINGBURG, NEW YORK TO BROOKLEY AIR FORCE BASE INCIDENT TO YOUR ORDERS OF JANUARY 31, 1952.

ACCORDINGLY, THE SETTLEMENT OF OCTOBER 15, 1956, WAS CORRECT AND IS SUSTAINED.