Fehrenbach, Justice Dept. Reach Agreement to Wait for Full Hearing

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Justice delayed doesn't always mean justice denied. Lt. Col. Victor Fehrenbach has reached an agreement with the U.S. Air Force and U.S. Justice Department to delay any possible discharge under the "Don't ask, don't tell" policy until holding a full federal hearing. All parties agreed to ask U.S. District Judge Edward lodge to hear the case in Idaho federal court.

Last week, Fehrenbach filed a request for a temporary restraining order, hoping to halt any discharge before a full hearing. He has now withdrawn the request.

In 2008, Fehrenbach was accused of violating the military's ban on homosexuality and placed on desk duty at Mountain Home Air Force Base. Within weeks, a charge of sexual assault was dismissed for lack of evidence. But by then, the Air Force had begun a new file, investigating the decorated flight officer's sexuality.

"Of course, we continue to hope that the Air Force will do the right thing and let this war hero continue to serve this country," said Fehrenbach's attorney M. Andrew Woodmansee.

Fehrenbach will soon complete 20 years of service to the Air Force. He was deployed six times as a weapons system officer and flew combat missions over Kosovo, Iraq and Afghanistan.

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