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kpete Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-11-10 06:27 PM
Original message
Officer Sues to Block His Discharge Under Gay Ban
Source: New York Times

Officer Sues to Block His Discharge Under Gay Ban
By JAMES DAO
Published: August 11, 2010

In early 2008, just eight days before he was to deploy in support of the war in Afghanistan, Lt. Col. Victor Fehrenbach, a decorated Air Force flight officer, was told he was under investigation on charges of sexually assaulting a civilian and of violating the militarys ban on homosexuality.

He was placed on desk duty at Mountain Home Air Force Base in Idaho. Within three weeks, the sexual assault allegation was dismissed for lack of evidence. But the Air Force investigation into his sexuality continued. Now, just a year from completing his 20th year in the military, Colonel Fehrenbach, 40, believes he is about to be discharged under the policy known as dont ask, dont tell. He would be among the highest-ranking service members discharged under the policy.

On Wednesday, Colonel Fehrenbachs lawyers filed papers in Idaho federal court requesting a temporary order blocking his discharge. The petition contends that a discharge would violate Colonel Fehrenbachs rights, cause him irreparable harm and fail to meet standards established in a 2008 federal court ruling on dont ask, dont tell.

For advocates of abolishing the ban against gay men, lesbians and bisexuals serving openly, Colonel Fehrenbachs case has become something of a line in the sand. Though President Obama has called for ending the ban and Congress has begun moving in that direction, gay service members continue to face investigations and discharge, albeit at a lower rate than in past years.

Read more: http://www.nytimes.com/2010/08/12/us/12ask.html?_r=1
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Zenlitened Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-11-10 07:16 PM
Response to Original message
1. I hope Pres. Obama intervenes by suspending all DADT discharges. - n/t
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NorthCarolina Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-11-10 07:47 PM
Response to Reply #1
3. No worries, he's a fierce advocate. I'm sure he'll jump right on it. eom
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activa8tr Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-11-10 07:54 PM
Response to Reply #3
4. He has been staying up nights getting this all worked out... yeah sure
I'm wondering what the HECK has Obama been doing about this. I see no action and study committee's and then silence.

Is this supposed to wait until after the fall elections? I guess so. Oh, sorry, military man, just your bad luck you got discharged before it was politically feasible to keep you in.
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NorthCarolina Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-11-10 08:04 PM
Response to Reply #4
5. No time for that now, right after the midterms we have Social Security
to kill.....err, I mean "fix"....yeah, that's it "Fix".
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Tx4obama Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-11-10 08:43 PM
Response to Reply #4
6. The DADT repeal is in the Defense Appropriations Bill that the Senate is voting on soon. n/t
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Zenlitened Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-11-10 09:28 PM
Response to Reply #6
9. How soon? Soon enough to save Lt. Fehrenbach's career?
His attorneys seem to have some doubt about that, thus the filing for a temporary restraining order.

If the order is not granted, and the Senate vote is not held in time, I dearly hope Pres. Obama will intervene.

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awoke_in_2003 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-11-10 10:13 PM
Response to Reply #4
10. of course it is supposed to wait...
until after the elections- part of the plan. Historically, when one party gains control of both houses and the presidency, the party will lose one of the houses in the midterm elections (Bush's years were an anomoly). So, if the pukes gain a house, the democrats can sit back and do the only thing they seem to do well- blame the republicans.
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kayakjohnny Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-11-10 07:28 PM
Response to Original message
2. Oh, that kind of discharge... Whew!
What a misleading headline.

I'm thinking, 'You don't need a lawyer for that. You need a device."
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Tx4obama Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-11-10 08:45 PM
Response to Original message
7. Rachel Maddow is doing a segment/interview with Colonel Fehrenbach right now! n/t
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SLCLiberal Donating Member (27 posts) Send PM | Profile | Ignore Thu Aug-12-10 01:57 PM
Response to Reply #7
14. Saw that
It was a great piece. What a shame we kick our Gay Americans out of service. As if no gay or lesbian soldiers haven't already sacrificed their lives already. This is how we thank them...
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rasputin1952 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-11-10 08:55 PM
Response to Original message
8. Assaulting a civilian is a serious charge...
But that was dropped.

The only thing left is discharge under DADT, not something the service should be proud of; yet this man has been decorated as a fighter pilot.

This is pathetic, DADT needs to be rescinded.

I'm straight, but I served in the Army w/gay soldiers, there was no difference at all in how they performed their jobs, except in a few cases, where they were exemplary, far above the average soldier.

When a soldier, regardless of sexual identity, is prepared to go into harms way, the last thing anyone should think of is sexual identity. What you worry about is will the soldiers hold the line; be brave enough to withstand what they are about to go through, be able to give aid to the wounded...not much else matters.

We trained these men and women to take one of the hardest jobs there is...and I am proud to say, that all of them that served with me should have been decorated for their dedication to duty.

:patriot:

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Love Bug Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-12-10 12:37 AM
Response to Original message
11. They are about to screw him out of his retirement
Unless the rules have changed, he needs to complete 20 years of active duty to be eligible for retirement pay. It's bad enough that they expect him to live a lie but to deny him what he earned? Shame.
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Hell Hath No Fury Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-12-10 10:50 AM
Response to Original message
12. I wish him all the success in his case.
O has been all but usless on this issue - nothing but a whole lot of kick the can down the rode on his part. :mad: Perhaps the courts can accomplish waht he has failed to do.
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Homer Wells Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Aug-12-10 11:10 AM
Response to Original message
13. Seems to me
that he did not 'tell', but the PTB did a helluva lot of 'asking'!
If anybody should be punished, it wuld be the ones who did all the asking.

:mad: :wtf:
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