B-128435, JUL. 31, 1956

B-128435, JUL. 31, 1956

TO MR. DONALD E. NIGGLI:

REFERENCE IS MADE TO YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENT (WIFE) FROM LOUISVILLE, KENTUCKY, TO ROCHESTER, NEW YORK, IN DECEMBER 1952 INCIDENT TO YOUR SERVICE AS A SECOND LIEUTENANT IN THE ARMY OF THE UNITED STATES.

BY ORDERS DATED DECEMBER 4, 1952, YOU WERE DETACHED FROM DUTY AT FORT KNOX, KENTUCKY, AND ASSIGNED TO DUTY IN THE FAR EAST. ON VOUCHER NO. 812260, FEBRUARY 1953 ACCOUNTS OF C. F. MAY, YOU WERE PAID $151.92 FOR TRAVEL CERTIFIED BY YOU TO HAVE BEEN PERFORMED BY YOUR WIFE FROM FORT KNOX, KENTUCKY, TO SEATTLE, WASHINGTON, BETWEEN JANUARY 29 AND FEBRUARY 6, 1953. YOUR CERTIFICATE IS ATTACHED TO THE VOUCHER AND BOTH THE CERTIFICATE AND THE VOUCHER (WHICH ARE NOW ON FILE IN OUR OFFICE) BEAR YOUR SIGNATURE. OUR DIVISION OF AUDITS TOOK AN EXCEPTION TO SUCH PAYMENT BECAUSE CERTIFICATES FOR INCREASED ALLOWANCES FILED WITH YOUR PAY RECORDS LISTED AND ADDRESS TO MRS. NIGGLI AS ROCHESTER, NEW YORK, ON MARCH 6, 1953, WHICH INDICATED THAT THE DEPENDENT TRAVEL WAS NOT PERFORMED AS CLAIMED OR, IF PERFORMED, WAS NOT FOR THE PURPOSE OF CHANGING RESIDENCE INCIDENT TO YOUR PERMANENT CHANGE OF STATION ORDERS WITHIN THE INTENT AND PURPOSE OF SECTION 303/C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, AND THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO THAT SECTION.

ON NOVEMBER 30, 1955, YOU FILED A CLAIM WITH THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, FOR REIMBURSEMENT FOR TRAVEL CERTIFIED BY YOU TO HAVE BEEN PERFORMED BY YOUR WIFE FROM LOUISVILLE, KENTUCKY, TO ROCHESTER, NEW YORK, BETWEEN DECEMBER 22 AND 23, 1952, INCIDENT TO THE ORDERS OF DECEMBER 4, 1952. THIS CLAIM WAS FORWARDED TO OUR OFFICE FOR SETTLEMENT. IN YOUR LETTER DATED JANUARY 15, 1956, TO THE FINANCE CENTER, YOU SAY THAT "IF IT IS CORRECT THAT I WAS PAID FOR MY DEPENDENTS TRAVEL TO SEATTLE, WASH. THEN I HAVE A CREDIT DUE IN THE AMOUNT OF TRAVEL FROM FT. KNOX, KY. TO ROCHESTER, N.Y. WHERE MY DEPENDENTS RESIDED WHILE I WAS OVERSEAS.'

SECTION 1 OF THE ACT OF JUNE 25, 1948, 62 STAT. 978, 28 U.S.C.A. 2514 PROVIDES AS FOLLOWS:

"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 STATES IN THE PROOF, STATEMENT, ESTABLISHMENT, OR ALLOWANCE THEREOF.

"IN SUCH CASES THE COURT OF CLAIMS SHALL SPECIFICALLY FIND SUCH FRAUD OR ATTEMPT AND RENDER JUDGMENT OF FORFEITURE.'

PAYMENT ON THE VOUCHER SIGNED BY YOUR FOR THE TRAVEL OF YOUR WIFE WAS AUTHORIZED ONLY ON THE BASIS THAT TRAVEL FROM FORT KNOX, KENTUCKY, TO SEATTLE, WASHINGTON, WAS ACTUALLY PERFORMED BY HER INCIDENT TO YOUR PERMANENT CHANGE OF STATION ORDERS DATED DECEMBER 4, 1952, AND THE AMOUNT OF $151.92 WAS PAID TO YOU ON THE BASIS OF YOUR CERTIFICATION THAT SHE ACTUALLY PERFORMED SUCH TRAVEL AS STATED IN YOUR CERTIFICATE ATTACHED TO VOUCHER NO. 812260. THE STATEMENT IN YOUR PRESENT CLAIM THAT YOUR WIFE TRAVELED FROM LOUISVILLE, KENTUCKY, TO ROCHESTER, NEW YORK, BETWEEN DECEMBER 22 AND 23, 1952, WHERE SHE RESIDED WHILE YOU WERE OVERSEAS, IS CLEARLY INCONSISTENT WITH YOUR ORIGINAL STATEMENT THAT SHE TRAVELED FROM FORT KNOX TO SEATTLE BETWEEN JANUARY 29 AND FEBRUARY 6, 1953. HENCE, THE AMOUNT OF $151.92 PAID TO YOU SHOULD BE REFUNDED TO THE UNITED STATES, AND NO ..END :