Air Force officer about to kicked out under DADT gets legal break

Wed. August 18, 2010 12:20 AM by News Staff

lt. col. victor fehrenbach

Mountain Home Air Force Base, Idaho - Decorated Air Force officer Lt. Col. Victor Fehrenbach has reached an agreement with military officials that will require them to warn him if he's about to be kicked out under "Don't Ask, Don't Tell."

Fehrenbach was put on desk duty in 2008, just days before he was supposed to deploy to Afghanistan, and told he was being investigated for possibly being gay.

The allegation was found to be bogus within three weeks, but that the military's investigation into Fehrenbach's sexuality continued.

Fehrenbach believes that he might soon be discharged under DADT, just a year shy of his 20th year in the military, so last week his lawyers filed a petition to block the discharge.

On Monday, attorneys for both sides agree that the Pentagon would give Fehrenbach 21 days notice if they decide to dismiss him under DADT. That would give him time to file another legal challenge.

Fehrenbach has never admitted being gay. The military's investigation started when another man complained to Idaho police.

Fehrenbach did tell the civilian police investigator that he had willingly slept with his accuser, but now says he didn't realize that Air Force investigators were watching that interview.

Fehrenbach has received glowing reviews over the course of his career.