NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

PAUL F. HENLEY, Petitioner

v.

MERIT SYSTEMS PROTECTION BOARD, Respondent ______________________

2016-2176 ______________________

Petition for review of the Merit Systems Protection Board in No. AT-0752-15-0087-I-1. ______________________

ON PETITION FOR PANEL REHEARING ______________________

Before PROST, Chief Judge, MAYER and MOORE, Circuit Judges. PER CURIAM. ORDER Petitioner Paul F. Henley filed a petition for panel re- hearing. IT IS ORDERED THAT: (1) The petition for panel rehearing is granted in part 2 HENLEY v. MSPB

to correct the applicable legal standard governing this appeal. (2) The previous opinion in this appeal issued July 19, 2017, is withdrawn and replaced with the revised opinion accompanying this order.

FOR THE COURT

August 4, 2017 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Court