Idaho gay Air Force officer challenges 'don't ask, don't tell' policy

BOISE, Idaho — A gay officer at Idaho's Mountain Home Air Force Base sued Wednesday to block his dismissal and overturn the military's "don't ask, don't tell" policy.

Lt. Col. Victor Fehrenbach asked a federal court in Boise to strike down the 1993 law that mandates "don't ask, don't tell."

Fehrenbach, with 19 years in the Air Force, learned last week that the Air Force Personnel Board recommended his discharge to Air Force Secretary Michael Donley.

His lawsuit says his admission of homosexual conduct was obtained under "coercive circumstances" and that he spoke to clear himself of false allegations of rape.

Fehrenbach, who lives in Boise, was a weapons-systems officer on F-15Es who served in Iraq and won nine Air Medals, including one for valor.

He was questioned by Boise Police and the Air Force in May 2008 after a Boise man alleged he was raped by Fehrenbach. After that, he was grounded, but he remains at Mountain Home Air Force Base, where he is assistant director of operations in the 366th Operations Support Squadron.

Both agencies determined the rape complaint was unfounded and the men had engaged in consensual sex.

"Don't ask, don't tell" allows gays and lesbians to serve in the military if they don't engage in, or attempt to engage in, homosexual acts. They also may not state they are homosexual. In turn, the military doesn't question personnel about homosexuality.

President Obama has said he wants the law repealed.