NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

ILLYA ERWIN, Petitioner

v.

DEPARTMENT OF THE ARMY, Respondent ______________________

2017-1137 ______________________

Petition for review of the Merit Systems Protection Board in No. SF-1221-15-0418-W-1. ______________________

JUDGMENT ______________________

CHARLES HARRY BROWER, Honolulu, HI, argued for petitioner.

SHARI A. ROSE, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washing- ton, DC, argued for respondent. Also represented by CHAD A. READLER, ROBERT E. KIRSCHMAN, JR., ELIZABETH M. HOSFORD. ______________________

THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED:

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

ENTERED BY ORDER OF THE COURT

January 16, 2018 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Court