Officer Sues to Block His Discharge Under Gay Ban

[kpete]

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 military’s 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 “don’t ask, don’t tell.” He would be among the highest-ranking service members discharged under the policy.

On Wednesday, Colonel Fehrenbach’s lawyers filed papers in Idaho federal court requesting a temporary order blocking his discharge. The petition contends that a discharge would violate Colonel Fehrenbach’s rights, cause him irreparable harm and fail to meet standards established in a 2008 federal court ruling on don’t ask, don’t tell.

For advocates of abolishing the ban against gay men, lesbians and bisexuals serving openly, Colonel Fehrenbach’s 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

[Zenlitened]

1. I hope Pres. Obama intervenes by suspending all DADT discharges. - n/t

[NorthCarolina]

3. No worries, he's a fierce advocate. I'm sure he'll jump right on it. eom

[activa8tr]

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.

[NorthCarolina]

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".

[Tx4obama]

6. The DADT repeal is in the Defense Appropriations Bill that the Senate is voting on soon. n/t

[Zenlitened]

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.

[awoke_in_2003]

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.

[kayakjohnny]

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."

[Tx4obama]

7. Rachel Maddow is doing a segment/interview with Colonel Fehrenbach right now! n/t

[SLCLiberal]

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...

[rasputin1952]

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.

[Love Bug]

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.

[Hell Hath No Fury]

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. Perhaps the courts can accomplish waht he has failed to do.

[Homer Wells]

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.