Opinion for the Court filed by Circuit Judge RANDOLPH.
Dissenting opinion filed by Circuit Judge TATEL.
RANDOLPH, Circuit Judge:
Steven D.C. Bigelow, while a major in the United States Air Force, worked in the Information Warfare and Special Technical Operations Center, a part of the Office of the Joint Chiefs of Staff in the Pentagon. The chief of that section and Major Bigelow's immediate supervisor, United States Army Colonel Nathan W. Noyes, learned...
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