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08-30-10

Op-ed, Air Force Times: Lt. Col. Victor Fehrenbach Belongs in His Jet

Lt. Col. Victor Fehrenbach belongs in his jet
By Robert F. Dorr - Special to Air Force Times

The Air Force should return Lt. Col. Victor Fehrenbach to full flying status in the F-15E Strike Eagle.

Fehrenbach, 40, is the 19-year veteran navigator and weapons systems officer on the F-15E at the center of a controversy that revolves around the “don’t ask, don’t tell” law — DADT, in shorthand — that bans homosexual conduct by military members. He has not been able to fly or deploy since the Air Force launched an investigation in May 2008.

Fehrenbach may lose his career over charges he violated DADT, when in reality, he only admitted to a consensual relationship with another man to defend himself against the man’s rape allegation. That admission made its way back to the Air Force, and that’s where Fehrenbach’s problems began.

“For 17 years, I followed the law,” Fehrenbach told me in an Aug. 16 interview. “I kept my private life private. If anyone violated the law in the course of the discharge proceedings, it was the Air Force, not me.”

Most reporting on Fehrenbach has focused on whether gay Americans should be permitted to serve openly in the armed forces. They should. Both houses of Congress now have bills in preparation to make that possible by abolishing DADT.

But Fehrenbach’s future should not rely on any change in the law. Fehrenbach argues persuasively that he has never broken the current law because in this case no one in the military asked and no one in the military told.

In May 2008, a man in Idaho accused Fehrenbach of rape. It was a frivolous allegation — Boise police investigated and found it without merit.

The incident that prompted all this was private, off base and involved no other military members.

Fehrenbach cooperated with civilian law enforcement. That’s what military members are expected to do. Forced into a situation he did not choose, he had to acknowledge homosexual acts. He did so expecting the privacy to which a person falsely charged should be entitled.

Military authorities became involved. They, too, found the assault charge to be without merit. But their participation gave them access to civilian police records. According to Fehrenbach, police had assured him this wouldn’t happen.

Soon, Fehrenbach received notice of administrative discharge proceedings against him for engaging in homosexual conduct. According to Fehrenbach, the notice arrived one day after a supervisor recommended him for promotion.

Fehrenbach should not undermine the persuasiveness of his case by calling for DADT to be declared null and void. That’s exactly what should happen, but Fehrenbach’s case need not rely on that happening. Even under existing law, he should not be the target of an administrative proceeding.

The decision on whether to kick Fehrenbach out of the service, one year before he is eligible for retirement, rests with Air Force Secretary Michael Donley.

On Aug. 16, the Air Force agreed, in response to a lawsuit filed by Fehrenbach’s lawyers, to give 21 days notice before beginning any discharge proceedings. The three-week window would give Fehrenbach time to ask the courts to stop the discharge.

The case should not even get that far. Fehrenbach is ready to get into the cockpit. He is willing to deploy. He should be allowed to resume the Air Force’s core mission — to fly and fight.

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Robert F. Dorr is an Air Force veteran. His e-mail address is robert.f.dorr@cox.net.