August 3, 2009 - For Air Force Lt. Col. Victor Fehrenbach, time is running out on efforts to overturn restrictions on gays serving in the U.S. military.  The weapons system officer -- who during 18 years of service has flown combat missions in F-15E fighters and other aircraft over Afghanistan, Iraq and Bosnia, and now serves as assistant director of operations for an Air Force squadron in Idaho -- faces discharge after a civilian reported to authorities last year that Fehrenbach is gay.

After investigating, the Air Force charged him last September with damaging its good order and discipline. The "don't ask, don't tell" law, passed by Congress in 1993, prohibits gay, lesbian and bisexual individuals from serving openly in the U.S. armed forces.

Fehrenbach, who has nine Air Medals, including one for heroism under fire during an enemy ambush near Baghdad in 2003, intended to resign. But he changed his mind last fall with the prospect of a Barack Obama presidency.

As a candidate, Obama promised that the law would be overturned, but the administration has moved cautiously, not wanting to wage a costly political battle on the divisive issue during the president's first months in office, as President Bill Clinton did.

"Hearing the president's promises last fall, I thought he would follow through," Fehrenbach said. "It's just been disappointing because we've seen nothing."

In April, a review board ruled against Fehrenbach, and unless Air Force Secretary Michael Donley rejects the recommendation, he will be dismissed. If he is unable to retire with 20 years of service, Fehrenbach will lose nearly $50,000 a year in retirement pay as well as medical benefits. More disappointing, Fehrenbach said, is being unable to serve the country in a time of war.

"It doesn't make sense to throw out someone who's ready, willing and able," he said.

"We've heard the right words from the president," said Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, an organization working to overturn the military's ban on gays. "Now, we need to see follow-up on the words."

A White House spokesman said that the president continues to support repeal but that the lead needs to come from Congress. "The president has said he thinks it should be done legislatively," Tommy Vietor said.

Last week, the Senate Armed Services Committee agreed to hold its first hearing on the issue this fall. Sarvis called the development "very significant," but said strong White House leadership will be needed to get legislation through Congress.

"There's definitely a path for 60 votes for repeal," Sarvis said. "Our focus is on getting the votes one at a time."

Rep. Patrick J. Murphy (D-Pa.), who was a captain in the Army's 82nd Airborne Division in Baghdad and was the first Iraq war veteran elected to Congress, took the lead last month in the House by sponsoring the Military Readiness Enhancement Act, which would repeal the ban.

"Seeing great soldiers being thrown out of the military because of their sexual orientation was disheartening and wrong," Murphy said in an interview.

Secretary of Defense Robert M. Gates told reporters last month that he has asked his general counsel to look for ways to apply the law in "a more humane way" until it is changed.

Bryan Whitman, a Pentagon spokesman, said Friday that no recommendations had been made in connection with the request. "There isn't a timetable," he said.

"We're certainly aware that this is a very emotionally charged issue," Whitman added. "But the commander in chief is clear that he would like to change the policy."

This spring, a group called Flag and General Officers for the Military sent a letter to the White House signed by more than 1,000 retirees arguing that lifting the ban would harm morale, discipline, unit cohesion and overall military readiness, as well as undermine recruitment and retention.

Elaine Donnelly, president of the Center for Military Readiness, a group that opposes gays in the armed forces, said in a statement last week that most in the military do not want the restrictions lifted. "Civilian culture has changed, but the unique culture of the military has not changed," she said.

Murphy said a change in policy would not hurt unit cohesion or otherwise hamper military operations. "I have full faith and confidence in our troops' ability to continue to respect differences in our Army," he said. "The paratroopers I served with in Baghdad, the thing they cared about was whether you could get the job done and help us get home."

More than 13,000 service members have been discharged from the military since the law was passed, though the number of annual discharges has declined by almost half since 2001. "When we need you, your sexual orientation seems to be less of a factor," Sarvis said.

The Servicemembers Legal Defense Network estimates that 326 service members have been discharged since Obama was sworn in.

Fehrenbach said that when he attended a White House reception in June with representatives of the gay community, he raised the issue with Obama during a brief conversation.

"We are going to get this done," Fehrenbach said the president told him.

"I had tremendous hope then, but a month has gone by and not a word."

The Washington Post