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Will gay lt. colonel be saved by policy review?

A gay Air Force officer is hoping his 18-year career will be saved by a review of the “don’t ask, don’t tell” policy ordered by Defense Secretary Robert Gates.

Lt. Col. Victor Fehrenbach, an F-15E Strike Eagle weapons systems officer, is facing separation after a civilian acquaintance outed him to the Air Force more than a year ago.

After a months-long investigation, Fehrenbach is facing an honorable discharge for violating the ban on homosexual behavior and damaging the good order and discipline of the Air Force.

The review, conducted by the department’s General Counsel’s office, will determine whether there is “flexibility” in how the law is applied, Gates told reporters June 30.

Specifically, Gates cited service members outed by someone else.

“Do we need to be driven when the information to take action on somebody, if we get that information from somebody who may have vengeance in mind or blackmail or somebody who has been jilted,” Gates said.

Today’s regulations require commanders to investigate allegations brought by anyone. Once a commander determines that a service member is gay, there is little legal leeway in stopping the discharge process.

“That’s the kind of thing we’re looking at to see if there’s at least a more humane way to apply the law until the law gets changed,” Gates explained.

Gates’ comments heartened Fehrenbach that the policy might be changed before a final decision is reached in his case.

“I was very surprised and happy,” said Fehrenbach, who is assigned to Mountain Home Air Force Base, Idaho.

A costly dismissal

After being evaluated by his chain of command, Fehrenbach’s dismissal is pending with the Air Force Personnel Review Board. The board is expected to reach a decision in about five months; Air Force Secretary Michael Donley must review the finding.

If unable to finish out his career, Fehrenbach will lose $46,000 a year in retirement pay as well as medical benefits, according to pay charts. He would get a lump sum of about $80,000, half of standard involuntary separation pay for an officer of his years, the charts show.

The day before Gates announced the review, Fehrenbach attended a White House reception hosted by President Barack Obama marking Gay Pride Month.

Fehrenbach said he intended to wear his uniform, standard military attire for an official event attended by the commander in chief, but opted for civilian clothes after learning from an Air Force lawyer that he faced disciplinary action because the service viewed the gathering as political.

During the reception, Obama discussed restrictions on gays in the military.

“I believe don’t ask, don’t tell doesn’t contribute to our national security,” Obama told the audience. “In fact, I believe preventing patriotic Americans from serving their country weakens our national security.”

After speaking, Obama stopped to talk with several people in the crowd, including Fehrenbach.

Fehrenbach said he briefly told Obama about his situation.

“He looked me in the eye and said, ‘We’ll get this done,’ ” Fehrenbach recalled.