B-143684, OCT. 3, 1960

B-143684, OCT. 3, 1960

TO MASTER SERGEANT WILBUR J. GUNZELMAN, JR., RA 12 249 901:

REFERENCE IS MADE TO YOUR LETTER OF JULY 19, 1960, REQUESTING REVIEW OF SETTLEMENT DATED MAY 2, 1960, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS (WIFE AND CHILDREN) FROM WEST POINT, NEW YORK, TO GIESEL, GERMANY, DURING THE PERIOD NOVEMBER 29 TO DECEMBER 2, 1956, AND FOR DISLOCATION ALLOWANCE, INCIDENT TO YOUR SERVICE AS A MEMBER OF THE UNITED STATES ARMY.

BY PARAGRAPH 43, SPECIAL ORDERS NO. 149, DATED JUNE 20, 1956, YOU WERE TRANSFERRED FROM FORT SILL, OKLAHOMA, TO OVERSEAS REPLACEMENT STATION (1264), FORT DIX, NEW JERSEY, REPORTING THERE NOT LATER THAN AUGUST 2, 1956, FOR FURTHER ASSIGNMENT OVERSEAS. PAYMENT OF A SECOND DISLOCATION ALLOWANCE DURING THE FISCAL YEAR WAS AUTHORIZED BY THE ORDERS. PURSUANT TO THOSE ORDERS YOU CLAIMED AND WERE PAID TRAVEL ALLOWANCE IN THE AMOUNT OF $105.30 FOR TRAVEL OF YOUR DEPENDENTS FROM LAWTON, OKLAHOMA, TO WEST POINT, NEW YORK, AND A DISLOCATION ALLOWANCE OF $96.90.

IN THE AUDIT OF THE TRAVEL VOUCHER, EXCEPTION WAS TAKEN TO PAYMENT OF TRAVEL ALLOWANCE ON THE BASIS THAT YOUR DEPENDENTS NEVER ESTABLISHED A RESIDENCE AT LAWTON, OKLAHOMA, NOR DID THEY EVER RESIDE THERE. FOR THE SAME REASON EXCEPTION WAS TAKEN TO THE CREDIT OF DISLOCATION ALLOWANCE ON YOUR PAY RECORD CARD. DEDUCTIONS OF THESE AMOUNTS HAVE BEEN AUTHORIZED AND ENTERED ON YOUR MILITARY PAY ACCOUNT FOR THE PERIOD COMMENCING NOVEMBER 1, 1959, AND IT APPEARS THAT COLLECTION IS BEING MADE AT THE RATE OF $10 PER MONTH FROM THAT DATE.

ON OCTOBER 31, 1956, YOUR DEPENDENTS WERE AUTHORIZED TO PROCEED FROM WEST POINT, NEW YORK, TO HERSFELD, GERMANY, AND THEY ACTUALLY TRAVELED FROM WEST POINT, TO GIESEL, GERMANY, DURING THE PERIOD NOVEMBER 29 TO DECEMBER 2, 1956. TRAVEL FROM NEW YORK, NEW YORK, TO STUTTGART, GERMANY, WAS BY GOVERNMENT AIR. YOU NOW CLAIM MILEAGE FOR THEIR TRAVEL FROM WEST POINT, NEW YORK, TO NEW YORK, NEW NORK, AND FROM STUTTGART TO GIESEL, GERMANY, PLUS DISLOCATION ALLOWANCE, ON THE BASIS THAT REFUND OF THE ERRONEOUS PAYMENTS IS BEING MADE.

THE ACT OF JUNE 25, 1948, 28 U.S.C. 2514, PROVIDES THAT A CLAIM AGAINST THE UNITED STATES SHALL BE FORFEITED BY ANY PERSON WHO PRACTICES OR ATTEMPTS TO PRACTICE AND FRAUD AGAINST THE UNITED STATES IN THE PROOF, STATEMENT, ESTABLISHMENT, OR ALLOWANCE OF THE CLAIM. UNDER THE PROVISIONS OF THE LAW, IT HAS LONG 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 THE CLAIM ARE FALSE, VITIATES AND DESTROYS THE CLAIMANT'S RIGHTS IN THE ENTIRE CLAIM. SINCE YOU ADMIT THAT YOUR DEPENDENTS DID NOT TRAVEL FROM LAWTON TO WEST POINT, THAT CLAIM CLEARLY WAS FALSE. WHILE YOUR PRESENT CLAIM FOR TRAVEL ALLOWANCE FOR ACTUAL TRAVEL OF YOUR DEPENDENTS WAS NOT INCLUDED IN YOUR FRAUDULENT CLAIM, PRESENTATION OF THE FALSE CLAIM VITIATED THE ENTIRE CLAIM FOR TRAVEL AUTHORIZED UNDER THE ORDERS. ACCORDINGLY, THERE IS NO BASIS FOR ALLOWANCE OF YOUR CLAIM FOR THE TRAVEL AS ACTUALLY LATER PERFORMED, AND SO MUCH OF THE SETTLEMENT AS DISALLOWED YOUR CLAIM FOR TRAVEL ALLOWANCE FOR YOUR DEPENDENTS MUST BE SUSTAINED.

HOWEVER, BY LAW AND REGULATIONS, THE AUTHORIZED SECOND DISLOCATION ALLOWANCE WAS PAYABLE WHEN YOUR DEPENDENTS COMPLETED THEIR TRAVEL TO GIESEL, GERMANY, IN CONNECTION WITH YOUR PERMANENT CHANGE OF STATION EVEN THOUGH YOU FORFEITED YOUR RIGHT TO REIMBURSEMENT FOR THE TRAVEL. THEREFORE, OUR CLAIMS DIVISION HAS THIS DATE BEEN INSTRUCTED TO DETERMINE WHETHER THE AMOUNT ALREADY COLLECTED FROM YOU EXCEEDS THE SUM OF $105.30, WITH WHICH YOU ARE PROPERLY CHARGEABLE AND IF SO TO EFFECT REFUND OF THE DIFFERENCE TO YOU AT AN EARLY DATE.