NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ ANTHONY BARBER, Petitioner, v. DEPARTMENT OF THE ARMY, Respondent. ______________________ 2012-3134 ______________________ Petition for review of the Merit Systems Protection Board in No. PH0752110180-I-1. ______________________ JUDGMENT ______________________ JOHN L-R POINDEXTER, Attorney at Law, of Washing- ton, DC, argued for petitioner.

ERIC P. BRUSKIN, Trial Attorney, Commercial Litiga- tion Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With him on the brief were STUART F. DELERY, Acting Assistant Attorney General, JEANNE E. DAVIDSON, Director, and SCOTT D. AUSTIN, Assistant Director. ______________________ THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: PER CURIAM (MOORE, LINN, and O’MALLEY, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

July 16, 2013 /s/ Daniel E. O’Toole Date Daniel E. O’Toole Clerk