NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

JAMES D. FULBRIGHT, Plaintiff-Appellant,

v.

UNITED STATES, Defendant-Appellee. ____________________

2012-5021 ______________________

Appeal from the United States Court of Federal Claims in No. 10-CV-465, Judge Christine O. C. Miller. ______________________

JUDGMENT ______________________

MICHAEL D.J. EISENBERG, Law Office of Michael D.J. Eisenberg, of Washington, DC, argued for plaintiff- appellant.

DOUGLAS G. EDELSCHICK, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, argued for the defendant-appellee. With him on the brief were STUART F. DELERY, Acting Assistant Attorney General, JEANNE E. DAVIDSON, Director, and DEBORAH A. BYNUM, Assistant Director. Of counsel on the brief was MARY E. MEEK, Litigation Attorney, Military Personnel Branch, United States Department of the Army, of Fort Belvoir, Virginia. ______________________ THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (PROST, MOORE, and WALLACH, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

August 10, 2012 /s/ Jan Horbaly Date Jan Horbaly Clerk