Air Force officials clarify status of officer discharge case

  • Published
Lt. Col. Victor Fehrenbach announced Aug. 11 that he has filed a request for an injunction to stop his removal from the Air Force under "Don't Ask Don't Tell." 

Colonel Fehrenbach filed a request for a temporary restraining order in the U.S. District Court in Idaho, arguing a discharge will cause him irreparable harm.

Several media accounts have inaccurately reported that Secretary of the Air Force Michael B. Donley is reviewing his case. This isn't accurate. The case is still undergoing review at the Air Force Review Boards Agency, SAF/MRB.

After the board makes a recommendation, it's considered by the director of SAF/MRB. When the director is ready to make a decision, he forwards the notice through the assistant secretary of the Air Force for manpower and reserve affairs to the secretary of the Air Force. The secretary may either decide to bring the case to his level for decision, or leave it with SAF/MRB officials for a decision. Unless advised that the secretary will take more time to decide, SAF/MRB officials may take final action once 10 days have passed from the time the secretary received personal notice that the matter was ready for decision. There's no time limit on how long the secretary may consider a case.

Attorneys for the Department of the Air Force and the Department of Justice are reviewing Colonel Fehrenbach's request for an injunction and will file a response in Federal Court.