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B-202273 1 (1981-05-07)

handle is hein.gao/gaobadjji0001 and id is 1 raw text is: DECISION FILE: B-202273 MATTER &F: RO DIGEST: THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, 0. C. 20548 UINIT 'V DATE: May 7, 1981 bert G. Raske, Jr. An employee seeks reimbursement of $129 in check overdraft charges which resulted from the inadvertent failure of the Federal Aviation Administration to deposit the employee's paycheck with the employee's bank. The failure was due to the processing of the employee's address change one pay period earlier than requested. The employee may not recover the $129 since, absent statutory authority to the contrary, the Government is not liable for the unauthorized acts of its officers and employees even though committed in the performance of their official duties. German Bank v. United States, 148 U.S. 573 (1893). ill This action is brought by the Professional Air 4. O~ Traffic Controllers Organization on behalf of Robert G. Paske, Jr. A decision is being rendered pursuant to Part 21 of title 4 of the Code of Federal Regulations, as amended August 21, 1980. See 45 F.R. 55689. In accordance with 4 C.F.R. 214 the Federal Aviation Administration (FAA) has been served With a copy of the request for a decision which concerns its denial of Mr. Raske's claim for reimbursement of 4overdraft - ............a esJlC e red when that agency erroneously failed to deposit his paycheck with his bank. For the reasons discussed below, we affirm the disallowance of Mr. Raske's claim. On July 17, 1980, Mr. Raske, an FAA Air Traffic Control Specialist, submitted a Form 1370-8 (Salary Disposition Record) to his payroll office in anticipa- tion of his impending permanent change of station from Charlotte, North Carolina, to Vero Beach, Florida. By Form 1370-8 Mr. Paske, whose paychecks were then being mailed to the First Union National Bank in Charlotte, requested that his paycheck be mailed to him at a post office box in Vero Beach, effective pay period 17 for the paycheck dated August 18, 1980. Due to an adminis- trative error, the payroll office processed the address change in pay period 16 which resulted in Mr. Paske's

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