NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit 2008-3184 SYLVESTER CHRISTOPHER, Petitioner, v. DEPARTMENT OF THE ARMY, Respondent.

Joree G. Brownlow, Law Offices of Joree G. Brownlow, of Bartlett, Tennessee, argued for petitioner.

Scott D. Austin, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With him on the brief were Gregory G. Katsas, Assistant Attorney General, Jeanne E. Davidson, Director, and Todd M. Hughes, Deputy Director.

Appealed from: Merit Systems Protection Board NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit 2008-3184 SYLVESTER CHRISTOPHER, Petitioner, v. DEPARTMENT OF THE ARMY, Respondent.

Judgment ON APPEAL FROM the Merit Systems Protection Board in CASE NO(S).AT0752070092-I-1.

This CAUSE having been heard and considered, it is

ORDERED and ADJUDGED: Per Curiam (BRYSON, PLAGER, and DYK, Circuit Judges.)

AFFIRMED. See Fed. Cir. R.36

ENTERED BY ORDER OF THE COURT

DATED: November 14, 2008 /s/ Jan Horbaly Jan Horbaly, Clerk