NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

EARNEST HOWARD, Petitioner

v.

DEPARTMENT OF THE ARMY, Respondent ______________________

2015-3024 ______________________

Petition for review of the Merit Systems Protection Board in No. SF-0752-13-0360-I-2, SF-0752-13-1822-I-1. ______________________

JUDGMENT ______________________

DAVID PAUL CLISHAM, Clisham & Sorter, San Francis- co, CA, argued for petitioner. Also represented by JUSTINE LIV CLISHAM.

JESSICA R. TOPLIN, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent. Also represented by BENJAMIN C. MIZER, ROBERT E. KIRSCHMAN, JR., DEBORAH A. BYNUM; MICHAEL J. RHOADES, United States Department of the Army, Scott AFB, IL. ______________________ THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

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

ENTERED BY ORDER OF THE COURT

January 11, 2016 /s/ Daniel E. O’Toole Date Daniel E. O’Toole Clerk of Court