B-140208, AUG. 24, 1959

B-140208, AUG. 24, 1959

TO STAFF SERGEANT THOMAS J. CLEGG:

YOUR LETTER OF MAY 8, 1959, WAS FORWARDED TO THIS OFFICE BY THE AIR FORCE ACCOUNTING AND FINANCE CENTER AND WILL BE CONSIDERED IN THE NATURE OF A REQUEST FOR REVIEW OF OUR SETTLEMENT OF MARCH 21, 1956, WHICH DISALLOWED YOUR CLAIM FOR MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION FOR YOUR DEPENDENTS, WIFE AND DAUGHTER, FROM GALLUP, NEW MEXICO, TO RIVERSIDE, CALIFORNIA, DURING THE PERIOD JUNE 14 TO 15, 1952, INCIDENT TO YOUR DISCHARGE UNDER ORDERS DATED JUNE 11, 1952.

SPECIAL ORDERS NO. 100, OF HEADQUARTERS 34TH AIR DIVISION, DATED JUNE 11, 1952, RELIEVING YOU FROM ASSIGNMENT AT CONTINENTAL DIVIDE, NEW MEXICO, FOR HONORABLE DISCHARGE FROM THE UNITED STATES AIR FORCE, SHOWED YOUR HOME OF RECORD AS DARLINGTON, SOUTH CAROLINA. UPON YOUR CERTIFICATION THAT YOUR DEPENDENTS TRAVELED FROM GALLUP, NEW MEXICO, TO DARLINGTON, SOUTH CAROLINA, DURING THE PERIOD JUNE 13 TO 18, 1952, YOU WERE PAID $182.34 ON VOUCHER NO. 5, JULY 1952 ACCOUNTS OF R. Y. HARRIS. UPON AUDIT OF THE VOUCHER EXCEPTION WAS TAKEN TO THE PAYMENT BECAUSE THE CLASS Q ALLOTMENT CHECK FOR JUNE WAS NEGOTIATED ON JULY 11, 1952, AT RIVERSIDE, CALIFORNIA, AND THE CHECK FOR PAYMENT OF DEPENDENTS' TRAVEL WAS ADDRESSED TO YOU AT BEAUMONT, CALIFORNIA, INDICATING THAT THE TRAVEL CLAIMED WAS NOT PERFORMED. YOU SUBSEQUENTLY REPAID $182.34 TO THE GOVERNMENT.

ON NOVEMBER 30, 1955, YOU SUBMITTED A CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM GALLUP, NEW MEXICO, TO RIVERSIDE, CALIFORNIA, INCIDENT TO YOUR REENLISTMENT AT MARCH AIR FORCE BASE ON SPECIAL ORDER NO. 141, DATED JUNE 16, 1952. THIS CLAIM WAS DISALLOWED BY SETTLEMENT OF MARCH 21, 1956. IN YOUR LETTER OF MAY 8, 1959, YOU INDICATE THAT AT THE TIME OF YOUR DISCHARGE YOU BELIEVED YOU WERE ENTITLED TO TRAVEL PAY FOR YOUR WIFE AND DAUGHTER TO YOUR HOME OF RECORD, DARLINGTON, SOUTH CAROLINA, AND THAT INASMUCH AS YOU HAVE REFUNDED THIS IMPROPER PAYMENT YOU NOW CLAIM REIMBURSEMENT FOR THE TRAVEL ACTUALLY PERFORMED BETWEEN GALLUP, NEW MEXICO, AND RIVERSIDE, CALIFORNIA.

FROM THE FACTS NOW AVAILABLE IT IS CLEAR THAT YOUR DEPENDENTS DID NOT TRAVEL FROM GALLUP TO DARLINGTON DURING THE PERIOD JUNE 13 TO 18, 1952, INCIDENT TO YOUR DISCHARGE AS YOU CERTIFIED, AND THAT YOU KNEW THE INFORMATION SHOWN ON THE VOUCHER WAS FALSE. IT IS EQUALLY CLEAR THAT YOUR FALSE STATEMENTS CAUSED YOU TO RECEIVE AN AMOUNT IN EXCESS OF THAT DUE INCIDENT TO THE TRANSPORTATION OF YOUR DEPENDENTS.

THE ACT OF JUNE 25, 1948, 62 STAT. 978, 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 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.'

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 ACCOUNT 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, YOU WERE NOT ENTITLED TO REIMBURSEMENT FOR YOUR DEPENDENTS' TRAVEL FROM GALLUP TO DARLINGTON SINCE THEY DID NOT TRAVEL TO DARLINGTON AS ALLEGED. HENCE, PAYMENT MAY NOT NOW BE MADE ON THE BASIS THAT THEY ACTUALLY TRAVELED FROM GALLUP TO RIVERSIDE, INCIDENT TO YOUR DISCHARGE AND REENLISTMENT.