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B-270431 1 (1996-06-10)

handle is hein.gao/gaocrptadyp0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision



Matter of: Barbara Cox

File:       B-270431

Date:       June 10, 1996

DIGEST

Where member's spouse submits a travel claim, which is settled and paid, and then
submits a supplemental claim which is fraudulent, the prior claim which was settled
is not subject to the tainted day rule, and the second claim should be denied.

DECISION

The Defense Finance and Accounting Service (DFAS), Columbus Center, has
requested our decision regarding the proper action to be taken following the
submission of a fraudulent claim for travel expenses by Barbara Cox, the spouse of
a Navy member.

Mrs. Cox's husband is stationed at the Naval Station, Rota, Spain. On March 30,
1994, travel orders were issued for Mrs. Cox to travel to Landstuhl, Germany, for
outpatient medical treatment. She was paid a travel advance of $2,560 and departed
Spain on April 18, 1994, and returned on May 25, 1994.

On August 15, 1994, she submitted her travel claim listing various amounts for some
meals during the period. The total for meals was $553.37. Following review, her
claim was approved in the amount of $1,099.76, leaving an outstanding balance from
her travel advance of $1,460.24, to be collected. She was accordingly notified that
she owed that amount. Subsequently, Mrs. Cox submitted a second supplemental
claim in which she listed $12 for every breakfast and lunch during the period and
$20 for every dinner, totaling $44 per day, the maximum allowable. Upon receipt of
the second claim, the Office of Command Investigations (OCI) was alerted to the
possibility of a fraudulent claim. Following an investigation, OCI found the second
claim to be fraudulent and DFAS agreed with such a finding.

The matter was submitted to our Office because the disbursing officer questioned
whether the submission of the second claim tainted the entire claim so that the
travel advance of $2,560 should be recouped or, since the first claim had been
approved, only $1,460.24 need be recouped.


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