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Col. Fehrenbach Will Not Be Discharged Pending Full Hearing On Restraining Order

Lieutenant Colonel Victor Fehrenbach will not be discharged until a full hearing can be held on the merits of his request for a temporary restraining order to prevent him from being discharged from the military. Fehrenbach and the United States Air Force agreed to maintain the status quo until the full hearing could be held. Fehrenbach, a highly decorated nineteen year veteran of the Air Force, was due to be discharged under Don’t Ask, Don’t Tell in the near future. Lawyers representing Fehrenbach filed the motion last Wednesday. They argued that the government could not establish that his continued service on active duty would hinder the morale, good order, discipline and cohesion of his unit.

M. Andrew Woodmansee, of the law firm Morrison and Foerester stated: “This is exactly what we asked the Court to do in our motion on Wednesday, and we are pleased that the Air Force has agreed to preserve the status quo until we can have a full hearing. Of course, we continue to hope that the Air Force will do the right thing and let this war hero continue to serve this country.”

Servicemembers Legal Defense Network Executive Director Aubrey Sarvis stated “The agreement recognizes the immediate harm to Lt. Col. Fehrenbach and insures that he will eventually get to make his case at a full blown hearing without losing his job. This agreement is a victory for Lt. Col. Fehrenbach and our nation. The Air Force can still do the right thing and retain Lt. Col. Fehrenbach under the Pentagon’s own revised regulations on ‘Don’t Ask, Don’t Tell.’ The Senate needs to act next month to get rid of this antiquated law that dishonors some of our finest and most talented service members.”

Where the case goes from here, and whether or not it is ruled in Fehrenbach’s favor has yet to be deterimined.

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