B-137699, NOV 18, 1958

B-137699: Nov 18, 1958

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JOBIN: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 5. YOU WERE RELEASED FROM ACTIVE DUTY EFFECTIVE NOVEMBER 30. ON THE BASIS OF YOUR CERTIFICATION THAT THE TRAVEL WAS PERFORMED ON THOSE DATES INCIDENT TO THE ORDERS EFFECTING YOUR RELEASE. YOU WERE PAID $183.24. IT WAS LEARNED THAT THE TRAVEL APPARENTLY WAS PERFORMED SEVERAL MONTHS BEFORE THE ORDERS WERE ISSUED. YOU WERE REQUIRED TO REFUND THE AMOUNT PAID. IN YOUR PRESENT LETTER YOU ADMIT THE TRAVEL WAS PERFORMED SEVERAL MONTHS EARLY. THAT THE MOVE WAS APPROVED BY FINANCE PERSONNEL AT YOUR STATION BUT DUE TO SOMEONE'S OVERSIGHT SPECIAL ORDERS WERE NOT ISSUED FOR THE TRAVEL. THAT YOU WERE ADVISED BY FINANCE PERSONNEL WHAT DATES TO CLAIM TRAVEL WAS PERFORMED SO AS TO BE REIMBURSED.

B-137699, NOV 18, 1958

PRECIS-UNAVAILABLE

MR. ARMAND J. JOBIN:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 5, 1958, RELATIVE TO YOUR INDEBTEDNESS TO THE UNITED STATES ARISING FROM A PAYMENT FOR TRAVEL OF YOUR DEPENDENTS WHILE SERVING AS MASTER SERGEANT, AIR FORCE.

BY PARAGRAPH 2, SPECIAL ORDERS NO. 242, DATED OCTOBER 16, 1952, MARCH AIR FORCE BASE, CALIFORNIA, YOU WERE RELEASED FROM ACTIVE DUTY EFFECTIVE NOVEMBER 30, 1952, AND DIRECTED TO PROCEED TO YOUR HOME, LAKE SUCCESS, NEW YORK. ON DECEMBER 4, 1952, YOU EXECUTED A VOUCHER FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS IN WHICH YOU CERTIFIED THAT YOUR DEPENDENTS DEPARTED MARCH AIR FORCE BASE, CALIFORNIA, ON NOVEMBER 21 AND ARRIVED AT GREAT NECK, NEW YORK, ON NOVEMBER 30, 1952. ON THE BASIS OF YOUR CERTIFICATION THAT THE TRAVEL WAS PERFORMED ON THOSE DATES INCIDENT TO THE ORDERS EFFECTING YOUR RELEASE, YOU WERE PAID $183.24. UPON AUDIT OF THE DISBURSING OFFICER'S ACCOUNTS, HOWEVER, IT WAS LEARNED THAT THE TRAVEL APPARENTLY WAS PERFORMED SEVERAL MONTHS BEFORE THE ORDERS WERE ISSUED. A RESULT, YOU WERE REQUIRED TO REFUND THE AMOUNT PAID. IN YOUR PRESENT LETTER YOU ADMIT THE TRAVEL WAS PERFORMED SEVERAL MONTHS EARLY. YOU STATE, HOWEVER, THAT THE MOVE WAS APPROVED BY FINANCE PERSONNEL AT YOUR STATION BUT DUE TO SOMEONE'S OVERSIGHT SPECIAL ORDERS WERE NOT ISSUED FOR THE TRAVEL; THAT YOU WERE ADVISED BY FINANCE PERSONNEL WHAT DATES TO CLAIM TRAVEL WAS PERFORMED SO AS TO BE REIMBURSED; AND THAT YOUR CLAIM FOR REIMBURSEMENT WAS FILED WITHOUT ANY INTENT OF WRONG-DOING.

THE TRAVEL OF DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICE IS GOVERNED BY THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814. THESE REGULATIONS IN EFFECT AT THE TIME HERE INVOLVED PROVIDE FOR TRANSPORTATION OF DEPENDENTS UPON PERMANENT CHANGE OF STATION INCLUDING THE CHANGE FROM LAST STATION TO HOME UPON RELASE FROM ACTIVE DUTY. PARAGRAPH 7000-11 SPECIFICALLY PROVIDES THAT TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE IS NOT AUTHORIZED WHEN THE DEPENDENTS DEPART THE OLD STATION PRIOR TO THE ISSUANCE OF ORDERS AND THE VOUCHER IS NOT SUPPORTED BY A CERTIFICATE OF THE COMMANDING OFFICER, OR HIS DESIGNATED REPRESENTATIVE, OF THE HEADQUARTERS ISSUING THE ORDERS THAT THE MEMBER WAS ADVISED PRIOR TO THE ISSUANCE OF CHANGE OF STATION ORDERS THAT SUCH ORDERS WOULD BE ISSUED. HAS BEEN HELD THAT MORE GENERAL INFORMATION AS TO THE TIME OF EVENTUAL RELEASE FROM ACTIVE DUTY IS INSUFFICIENT TO MEET THE REQUIREMENTS OF THE REGULATIONS. 34 COMP. GEN. 241. SINCE THE VOUCHER WAS NOT SUPPORTED BY A CERTIFICATE OF THE COMMANDING OFFICER AS REQUIRED BY THE REGULATIONS, THERE WAS NO AUTHORITY FOR ITS PAYMENT.

FURTHER, SINCE IT NOW IS CLEARLY ESTABLISHED THAT THE TRAVEL WAS NOT PERFORMED ON THE DATES CERTIFIED BY YOU AS CORRECT, AND SINCE IT APPEARS THAT SUCH FALSE STATEMENT HAD A MATERIAL BEARING ON THE PAYMENT OF YOUR CLAIM, FORFEITURE OF THE ENTIRE CLAIM IS REQUIRED BY LAW. 28 U.S.C. 2514. ACCORDINGLY, THE COLLECTION FROM YOU OF THE AMOUNT PAID WAS PROPER.