NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

ELOY J. HERNANDEZ, Petitioner,

v.

DEPARTMENT OF DEFENSE, Respondent. ____________________

2011-3060 ______________________

Appeal from the Merit Systems Protection Board in No. DA3443060531-X-1. ______________________

JUDGMENT ______________________

ARTHUR G. VEGA, Law Office of Arthur G. Vega, of San Antonio, Texas, argued for petitioner.

GREGG M. SCHWIND, Senior Trial Counsel, Commercial Litigation Branch, United States Department of Justice, of Washington, DC, argued for respondent. With him on the brief were TONY WEST, Assistant Attorney General, JEANNE E. DAVIDSON, Director, and KIRK T. MANHARDT, Assistant Director. ______________________ THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (LOURIE, O’MALLEY, and REYNA, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

January 13, 2012 /s/ Jan Horbaly Date Jan Horbaly Clerk