       NOTE: This disposition is nonprecedential.


United States Court of Appeals
    for the Federal Circuit
                ______________________

               ELOY J. HERNANDEZ,
                    Petitioner,

                           v.

           DEPARTMENT OF DEFENSE,
                   Respondent.
               ____________________

                      2011-3060
                ______________________

    Appeal from the Merit Systems Protection Board in
No. DA3443060531-X-1.
                ______________________

                     JUDGMENT
                ______________________

   ARTHUR G. VEGA, Law Office of Arthur G. Vega, of
San Antonio, Texas, argued for petitioner.

    GREGG M. SCHWIND, Senior Trial Counsel,
Commercial Litigation Branch, United States Department
of Justice, of Washington, DC, argued for respondent.
With him on the brief were TONY WEST, Assistant
Attorney General, JEANNE E. DAVIDSON, Director, and
KIRK T. MANHARDT, Assistant Director.
                ______________________
THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED:

   PER CURIAM (LOURIE, O’MALLEY, and REYNA, Circuit
Judges).

           AFFIRMED. See Fed. Cir. R. 36.

                      ENTERED BY ORDER OF THE COURT



 January 13, 2012           /s/ Jan Horbaly
      Date                      Jan Horbaly
                                    Clerk
