NOTE: This disposition is nonprecedential.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