B-131219, JUN. 3, 1957

B-131219, JUN. 3, 1957

TO MR. ARTHUR P. FIELD:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 4, 1957, REQUESTING REVIEW OF YOUR INDEBTEDNESS TO THE UNITED STATES IN THE SUM OF $224.01, ARISING IN CONNECTION WITH YOUR SERVICE AS FIRST LIEUTENANT, UNITED STATES AIR FORCE.

BY ORDERS DATED NOVEMBER 8, 1951, YOU WERE RELIEVED FROM YOUR DUTY STATION AT MOUNTAIN HOME AIR FORCE BASE, IDAHO, AND ORDERED TO PROCEED TO WESTOVER AIR FORCE BASE, CHICOPEE FALLS, MASSACHUSETTS, NOT LATER THAN DECEMBER 9, 1951, FOR FURTHER TRANSPORTATION OVERSEAS. ON APRIL 21, 1952, YOU SIGNED A VOUCHER ON WHICH YOU CLAIMED SIX CENTS PER MILE FOR YOUR WIFE'S TRAVEL AND THREE CENTS FOR YOUR SON'S TRAVEL DURING THE PERIOD NOVEMBER 18 TO 20, 1951, FROM BOISE, IDAHO, TO LOS ANGELES, CALIFORNIA. YOU WERE PAID $104.13 FOR THEIR TRAVEL ON VOUCHER NO. 18377 IN THE APRIL 1952 ACCOUNTS OF FIRST LIEUTENANT R. R. SHAULIS, USAF, SYMBOL NO. 225- 273. UPON AUDIT OF THIS VOUCHER, EXCEPTION WAS TAKEN TO THE PAYMENT BECAUSE THE RECORD SHOWS THAT TRAVEL EITHER WAS NOT PERFORMED OR, IF PERFORMED, IT WAS NOT FOR THE PURPOSE OF ESTABLISHING A NEW RESIDENCE. YOU HAVE STATED THAT YOUR DEPENDENTS PERFORMED THE TRAVEL TO LOS ANGELES BUT RETURNED TO BOISE ALMOST IMMEDIATELY BECAUSE OF YOUR SON'S ASTHMATIC CONDITION. IN VIEW OF YOUR EXPLANATION THAT YOU INTENDED TO ESTABLISH A BONA FIDE RESIDENCE FOR YOUR FAMILY IN LOS ANGELES BUT DID NOT DO SO BECAUSE OF THE ADVERSE EFFECT OF THE LOS ANGELES CLIMATE UPON YOUR SON'S HEALTH IT NOW APPEARS THAT PAYMENT TO YOU IN THE SUM OF $104.13 FOR THEIR TRAVEL FROM BOISE TO LOS ANGELES MAY BE ALLOWED. ACCORDINGLY, THE EXCEPTION ON VOUCHER NO. 18377 IS BEING REMOVED.

THERE NOW REMAINS FOR CONSIDERATION YOUR INDEBTEDNESS IN THE SUM OF $119.88 PAID TO YOU ON YOUR CLAIM FOR DEPENDENT TRAVEL FROM BOISE TO AMARILLO, TEXAS, INCIDENT TO YOUR ORDERS DATED AUGUST 13, 1952. BY THOSE ORDERS YOU WERE RELEASED FROM ACTIVE DUTY AT MOUNTAIN HOME AIR FORCE BASE, IDAHO, AND DIRECTED TO PROCEED TO YOUR HOME OF RECORD, AMARILLO, TEXAS. ON AUGUST 19, 1952, YOU SIGNED A VOUCHER ON WHICH YOU CLAIMED SIX CENTS PER MILE FOR YOUR WIFE'S TRAVEL AND THREE CENTS FOR YOUR SON'S TRAVEL DURING THE PERIOD AUGUST 16 TO 19, 1952, FROM BOISE, IDAHO, TO AMARILLO, TEXAS. YOU WERE PAID $119.88 ON THAT ACCOUNT ON VOUCHER NO. 2855 IN THE AUGUST 1952 ACCOUNTS OF FIRST LIEUTENANT R. R. SHAULIS, USAF, SYMBOL 225- 273. EXCEPTION WAS TAKEN TO THIS PAYMENT BECAUSE THE RECORD SHOWS THAT THIS TRAVEL WAS NOT PERFORMED.

IN YOUR LETTER OF MARCH 4, 1957, YOU SAY THAT SINCE YOUR DEPENDENTS ACTUALLY TRAVELED FROM BOISE TO LOS ANGELES, INCIDENT TO YOUR ORDERS OF AUGUST 13, 1952, THAT YOU ARE ENTITLED TO REIMBURSEMENT FOR SUCH TRAVEL, EVEN THOUGH IT WAS A LESSER DISTANCE THAN FROM BOISE TO AMARILLO FOR WHICH YOU WERE PAID, AND YOU CONTEND YOU ARE RESPONSIBLE TO REIMBURSE THE UNITED STATES ONLY THE DIFFERENCE IN MILEAGE, NOT THE ENTIRE AMOUNT.

FROM THE FACTS NOW AVAILABLE IT IS UNDISPUTED THAT YOUR DEPENDENTS DID NOT TRAVEL FROM BOISE, IDAHO, TO AMARILLO, TEXAS, AS YOU CERTIFIED ON VOUCHER NO. 2855, 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. NO CREDIT AGAINST YOUR INDEBTEDNESS MAY NOW BE ALLOWED ON THE BASIS THAT YOUR DEPENDENTS ACTUALLY TRAVELED FROM BOISE TO LOS ANGELES, INCIDENT TO YOUR ORDERS OF AUGUST 13, 1952.

ACCORDINGLY, YOU ARE LEGALLY INDEBTED TO THE UNITED STATES IN THE SUM OF $119.88, AND PAYMENT IN THE FORM OF A CHECK OR MONEY ORDERS MADE PAYABLE TO THE "U.S. GENERAL ACCOUNTING OFFICE" SHOULD BE MAILED TO THE UNITED STATES GENERAL ACCOUNTING OFFICE, POST OFFICE BOX 2610, WASHINGTON 13, D.C. ..END :