NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

ROBERTO FERNANDEZ, Petitioner

v.

DEPARTMENT OF THE ARMY, Respondent ______________________

2018-1388 ______________________

Petition for review of the Merit Systems Protection Board in No. AT-0752-12-0803-C-1. ______________________

JUDGMENT ______________________

STERLING DERAMUS, Sterling L. DeRamus Law Offices, Birmingham, AL, argued for petitioner.

DOUGLAS T. HOFFMAN, Commercial Litigation Branch, Civil Division, United States Department of Justice, Wash- ington, DC, argued for respondent. Also represented by STEVEN J. GILLINGHAM, ROBERT EDWARD KIRSCHMAN, JR., JOSEPH H. HUNT. ______________________

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

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

ENTERED BY ORDER OF THE COURT

February 13, 2019 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Court