WASHINGTON - Air Force Lt.Col. Victor Fehrenbach announced yesterday that he has filed a request for an injunction to stop his removal from the Air Force under Don't Ask Don't Tell. Lt. Col. Fehrenbach filed a request for a temporary restraining order in U.S. District Court in Idaho, arguing a discharge will cause him irreparable harm.
Several media accounts have inaccurately reported that The Honorable Michael B. Donley, Secretary of the Air Force, is reviewing his case. This is not accurate. The case is still undergoing review at the Air Force Review Boards Agency (SAF/MRB).
After a board makes a recommendation, it is considered by the Director of SAF/MRB. When he is ready to make a decision, SAF/MRB forwards 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 for decision. Unless advised that the Secretary will take more time to decide, SAF/MRB may take final action once 10 days have passed from the Secretary of the Air Force having received personal notice that the matter is ready for decision. There is 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 Lt. Col. Fehrenbach's request for an injunction and will file a response in Federal Court.
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