NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

MARK E. SANBORN, Petitioner,

v.

DEPARTMENT OF THE ARMY, Respondent. ______________________

2013-3046 ______________________

Petition for review of the Merit Systems Protection Board in No. DA315H110431-B-1. ______________________

JUDGMENT ______________________

MARK E. SANBORN, of El Paso, Texas, pro se.

DANIEL G. KIM, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent. With him on the brief were STUART F. DELERY, Acting Assistant Attor- ney General, JEANNE E. DAVIDSON, Director, and DEBORAH A. BYNUM, Assistant Director. Of counsel on the brief were JOHN F. LOPEZ and ALLEN THOMAS, Attorneys, Office of the Staff Judge Advocate, United States De- partment of the Army, of Fort Bliss, Texas. ______________________

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

PER CURIAM (RADER, Chief Judge, NEWMAN, and DYK, Circuit Judges). AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

September 12, 2013 /s/ Daniel E. O’Toole Date Daniel E. O’Toole Clerk