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Air Force Lt. Col. sues to block 'don't ask' discharge

Started by Sandy Eggo, August 12, 2010, 08:17:47 AM

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Sandy Eggo

QuoteOne of the highest-ranking military officers investigated for violating the military's "don't ask, don't tell" policy filed suit on Wednesday in an effort to block the Air Force from discharging him.

Air Force Lt. Col. Victor Fehrenbach filed a request for a temporary restraining order in U.S. District Court in Idaho, arguing a discharge will cause him irreparable harm and that the government cannot prove that his continued service hinders "morale, good order and discipline, and unit cohesion." It's one of the first cases to use a legal line of reasoning established in a 2008 ruling by the U.S. Court of Appeals for the Ninth Circuit in the case of an Air Force Major who challenged the gay ban.

Fehrenbach flew almost 90 combat missions in Iraq, Afghanistan, and Kosovo, but has been on desk duty at Mountain Home Air Force Base in Idaho since 2008, when the Air Force launched an investigation into allegations that he sexually assaulted a civilian and violated "don't ask, don't tell."

"In the two years that I've been sitting at my desk rather than inside my jet, I've offered to deploy numerous times," Fehrenbach said Wednesday. "I'm ready, willing, and able to deploy tomorrow, but I'm barred from deployment, because of this unjust, discriminatory law."


This appears to be completely unjust. This man is a accomplished veteran, for crying out loud! This article does say that there were allegations of a "sexual assult", but it has taken them two years to investigate this? That doesn't even pass the common sense test. It seems like there's something else at work here.

"Don ask don't tell" was an attempt to "smooth over" an issue that shouldn't have existed in the first place. It needed to be repealed and I'm happy that it's almost over. There's absolutely NO reason why a homosexual person shouldn't be allowed to serve his/her country.
Only after the last tree has been cut down. Only after the last river has been poisoned. Only after the last fish has been caught. Only then will you find that money cannot be eaten. - -Cree Indian Prophecy

"Women who strive to be equal to men lack ambitition" -- anonymous

Sandy Eggo

QuoteWithin three weeks, the sexual assault allegation was dismissed for lack of evidence. But the Air Force investigation into his sexuality continued.
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http://www.nytimes.com/2010/08/12/us/12ask.html
Only after the last tree has been cut down. Only after the last river has been poisoned. Only after the last fish has been caught. Only then will you find that money cannot be eaten. - -Cree Indian Prophecy

"Women who strive to be equal to men lack ambitition" -- anonymous

The Troll

  The whole gay issue in the military is Bull Shit.  It isn't the lower rank people who's the problem, it's the Chicken shit officers at the top.  Can you image a group of big bad special forces men afraid of some guy people.  Give me a break, I think they should give some of the Namby Pamby Generals a break, a break right out of the military. 


Palehorse

Quote from: The Troll on August 12, 2010, 08:37:41 AM
  . . . I think they should give some of the Namby Pamby Generals a break, a break right out of the military.

They are! They're reducing headcount levels for flag officers by 30+% starting now!
R.I.P. - followsthewolf - You are MISSED! 4/17/2013

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