NOTE: This disposition is nonprecedential.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