B-134619, JAN. 7, 1958

B-134619, JAN. 7, 1958

TO LIEUTENANT COLONEL WALTER R. NARDEE, USAF:

REFERENCE IS MADE TO YOUR REQUEST FOR REVIEW OF OUR SETTLEMENT DATED AUGUST 3, 1956, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR YOUR DEPENDENTS' TRAVEL (WIFE AND SON) FROM STALLINGS AIR FORCE BASE, KINSTON, NORTH CAROLINA, TO GALVESTON, TEXAS, INCIDENT TO YOUR ORDERS DATED DECEMBER 6, 1952.

BY THOSE ORDERS YOU WERE RELEASED FROM YOUR DUTY STATION AT STALLINGS AIR FORCE BASE, KINSTON, NORTH CAROLINA, AND ASSIGNED TO CAMP STONEMAN, CALIFORNIA, FOR FURTHER ASSIGNMENT OVERSEAS WITH TEMPORARY DUTY FOR 10 WEEKS EN ROUTE AT NELLIS AIR FORCE BASE, NEVADA. THE RECORD SHOWS THAT ON DECEMBER 19, 1952, YOU TRAVELED WITH YOUR WIFE AND SON FROM STALLINGS AIR FORCE BASE TO GALVESTON, TEXAS. YOUR SON STAYED AT GALVESTON AND YOU AND YOUR WIFE CONTINUED ON TO LAS VEGAS, NEVADA. UPON COMPLETION OF YOUR TEMPORARY DUTY AT LAS VEGAS YOU WENT OVERSEAS AND YOUR WIFE RETURNED TO GALVESTON. ON THE BASIS OF YOUR CERTIFICATION THAT YOUR DEPENDENTS TRAVELED FROM STALLINGS AIR FORCE BASE TO LAS VEGAS DURING THE PERIOD DECEMBER 19, 1952, TO JANUARY 10, 1953, YOU WERE PAID $269.46 ON VOUCHER NO. 3402 IN THE MAY 1953 ACCOUNTS OF CAPTAIN C. A. WRENNICK, USAF, AS A MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION FOR THEIR TRAVEL BETWEEN THOSE POINTS. YOU WERE ALSO PAID $13.10 PER DIEM FOR YOUR OVERSEAS TRAVEL. THIS MADE A TOTAL OF $282.56. EXCEPTION WAS TAKEN TO THIS PAYMENT FOR THE REASONS THAT THE RECORDS INDICATED THAT YOUR DEPENDENTS' TRAVEL EITHER WAS NOT PERFORMED OR WAS PERFORMED WITHOUT THE INTENT OF ESTABLISHING A BONA FIDE RESIDENCE. ON FEBRUARY 1, 1956, YOU FILED THE PRESENT CLAIM IN WHICH YOU SAY YOUR WIFE AND SON ACTUALLY TRAVELED FROM STALLINGS AIR FORCE BASE TO GALVESTON DURING THE PERIOD DECEMBER 19, 1952, TO JANUARY 1, 1953.

FROM THE FACTS NOW AVAILABLE IT IS UNDISPUTED THAT YOUR SON DID NOT TRAVEL FROM STALLINGS AIR FORCE BASE TO LAS VEGAS AS YOU CERTIFIED ON VOUCHER NO. 3402 AND IT IS CLEAR THAT YOU KNOW WHEN YOU SIGNED THE VOUCHER THAT THE INFORMATION ON IT WAS FALSE.

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 STALLINGS AIR FORCE BASE, KINSTON, NORTH CAROLINA, TO GALVESTON, TEXAS, INCIDENT TO YOUR ORDERS OF DECEMBER 6, 1952.

ACCORDINGLY, THE SETTLEMENT OF AUGUST 3, 1956, WAS CORRECT AND IS SUSTAINED.