The agreement prevents the military from discharging him until a hearing on a court order to stop his ouster from the military is held.
M. Andrew Woodmansee, who served as lead counsel for Fehrenbach, said the federal lawsuit is still open. But the legal fight will not be pursued unless the Air Force tries to discharge Fehrenbach before his scheduled retirement later this year, Woodmansee said.
The decision to grant Fehrenbach’s request for retirement makes it unlikely the military will pursue his ouster under “don’t ask, don’t tell,” Woodmansee said.
Although I’m very happy for Lt. Col. Fehrenbach, I’m still not happy with the disparate treatment being experienced by some of us gay veterans. What about those veterans, like Lt. Dan Choi and J.d. Knight, who are being asked to pay back the military for the financial losses the military occurred due to their unfairly targeting gays and lesbians? What about the legions of other gay and lesbian troops who were discharged before DADT and had their military careers ruined, and then were forced to try to seek employment with DD-214’s that detailed the service member’s sexual orientation?
This is why the request by SLDN for Special Boards should be granted, and the Boards empaneled. A process should be put in place to ensure those of us who were discharged simply for being gay or lesbian are treated with justice, fairness and equality. I am not naive enough to believe it will happen easily, but we should demand and fight for it nevertheless.