Openly Gay Lt. Col. Decorated For Valor In Iraq

The gay rights group Servicemembers Legal Defense Network has asked a federal court in Idaho to block the discharge of Lt. Col. Victor Fehrenbach, after he was cleared of charges of raping another man. The group hopes to delay any action against Fehrenbach until a full hearing can be scheduled, but also seeks to have the "don't ask, don't tell" law declared unconstitutional.

Fehrenbach, who has served in the Air Force for 19 years and who was decorated for combat valor in Iraq, was accused of raping another man in Boise, ID in 2008. His sexual orientation was revealed as he defended himself from that charge, of which he was acquitted. Fehrenbach said he did have sex with the man, but that it was consensual. Even the Air Force Office of Special Investigations found the charges to be without merit, according to court documents filed Wednesday.

Still, Fox News reports that Fehrenbach faces discharge from the military under "don't ask, don't tell." Servicemembers Legal Defense Network filed the lawsuit because they think his discharge will be coming "within days."

Since revealing his sexual orientation, Fehrenbach has been assigned to a desk job, rather than as a weapons systems officer flying in F-15E's in combat. "I have been waiting more than two years for the Air Force to do the right thing by letting me continue to proudly serve my country," Fehrenbach said in a statement. "To say that I'm disappointed with where things stand would be a monumental understatement. I'm ready, willing, and able to deploy tomorrow, but I'm barred from deployment, because of this unjust, discriminatory law."

A repeal of "don't ask, don't tell" is working its way through congress, having cleared the House of Representatives in May. The Senate has not yet considered the issue.

Meanwhile, Fehrenbach is less than a year shy of being eligible for a pension, and if he is discharged before reaching 20 years of service, he "will lose his job, income, right to pension, health, and life insurance, and all other benefits associated with being an Air Force officer," according to the court documents filed Wednesday.

FMI: www.defense.mil, www.sldn.org