B-140368, AUG. 24, 1959

B-140368, AUG. 24, 1959

TO MR. ZELBER C. RUDD, JR.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 10, 1959, REQUESTING ADVICE AS TO THE CORRECT PROCEDURE TO SECURE REIMBURSEMENT FOR YOUR DEPENDENT'S TRAVEL FROM ELLINGTON AIR FORCE BASE, TEXAS, TO MOORESVILLE, NORTH CAROLINA, IN SEPTEMBER 1951, INCIDENT TO CHANGE OF STATION ORDERS DATED SEPTEMBER 18, 1951. SINCE YOUR CLAIM FOR SUCH REIMBURSEMENT WAS DISALLOWED BY OUR SETTLEMENT OF MARCH 5, 1956, YOUR LETTER WILL BE REQUIRED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT.

IT APPEARS THAT THE ORDERS OF SEPTEMBER 18, 1951, RELIEVED YOU FROM ASSIGNMENT AT ELLINGTON AIR FORCE BASE AND REASSIGNED YOU TO OVERSEAS DUTY. LATER YOU SIGNED A VOUCHER ON WHICH YOU CLAIMED REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS DURING THE PERIOD SEPTEMBER 21 TO 28, 1951, FROM ELLINGTON AIR FORCE BASE TO SAN FRANCISCO, CALIFORNIA. YOU WERE PAID $189.27 FOR THAT TRAVEL ON VOUCHER NO. 5570 IN THE DECEMBER 1951 ACCOUNTS OF OWEN E. HAGUE. UPON AUDIT OF THE VOUCHER, EXCEPTION WAS TAKEN TO THE PAYMENT BECAUSE PLACES AND DATES OF NEGOTIATION OF CLASS Q ALLOTMENT CHECKS BY YOUR WIFE INDICATED THAT THE TRAVEL AS CLAIMED WAS NOT PERFORMED. YOU SUBSEQUENTLY REPAID $189.27 TO THE GOVERNMENT.

IN LETTER OF SEPTEMBER 13, 1955, YOU STATED THAT YOU WERE ADVISED AT ELLINGTON AIR FORCE BASE THAT YOU WERE ENTILED TO TRAVEL PAY FOR YOUR DEPENDENTS TO YOUR PERMANENT HOME ADDRESS, SANGER, CALIFORNIA, AND ACTING UPON THIS ADVICE CLAIMED REIMBURSEMENT FOR TRAVEL TO THAT POINT.

FROM THE FACTS NOW AVAILABLE IT APPEARS THAT YOUR DEPENDENTS DID NOT TRAVEL FROM ELLINGTON AIR FORCE BASE TO SAN FRANCISCO DURING THE PERIOD INVOLVED INCIDENT TO YOUR ORDERS OF SEPTEMBER 18, 1951, AS YOU CERTIFIED ON VOUCHER NO. 5570, AND THAT YOU KNEW THE INFORMATION SHOWN ON THE VOUCHER DID NOT REPRESENT THE TRUE FACTS. SUCH FALSE STATEMENTS RESULTED IN YOUR BEING PAID AN AMOUNT IN EXCESS OF THAT DUE INCIDENT TO THE TRANSPORTATION OF YOUR DEPENDENTS.

THE ACT OF JUNE 25, 1948, 28 U.S.C. 2514, 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 SATES IN THE PROOF, STATEMENT, ESTABLISHMENT, OR ALLOWANCE THEREOF.'

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 CLAIM 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, THE PAYMENT TO YOU COVERING REIMBURSEMENT FOR YOUR DEPENDENTS' TRAVEL WAS BASED ON YOUR STATEMENT THAT THEY TRAVELED FROM ELLINGTON AIR FORCE BASE TO SAN FRANCISCO. APPARENTLY, SUCH TRAVEL HAD NOT BEEN PERFORMED WHEN SUCH CLAIM WAS MADE. THEREFORE, PAYMENT MAY NOT NOW BE MADE ON THE BASIS THAT YOUR DEPENDENTS ACTUALLY TRAVELED FROM ELLINGTON AIR FORCE BASE TO MOORESVILLE, INCIDENT TO YOUR CHANGE OF STATION.

FOR THE ABOVE-STATED REASONS THE SETTLEMENT OF MARCH 5, 1956, WAS CORRECT AND IS SUSTAINED.