Subject: Officer Trying for New Trial Date: Fri, 18 Feb 1994 14:08:44 -0600 (CST) From: Scott Hays Hi there, About 3 months ago I sent an article in from the World-Herald About a Gay officer at Offutt Air Force Base who was being discharged for being Gay. Well in Yesterday's paper is the following article requesting a Rehearing of that Case. It is reprinted without permission. Omaha World-Herald. Midlands News Section Page 13. Wednesday, February 16, 1994 GAY OFFICER REQUESTS REHEARING by Jason Gertzen World-Herald Staff Writer Photo of Capt. Rich Richenberg Under the photo Caption reads "He had almost nine years of perfect service. They are not supposed to use the status of a discharge to punish someone." --Jeff Wilson Citizens for Equal Protection Inc. on Rich Richenberg, above Air Force Capt. Rich Richenberg said he expects to get a second chance to save his military career. Richenberg, who is facing a forced discharge from the Air Force after telling his commander that he is gay, said he is preparing to present his case at a new hearing that would be conducted using revised regulations on homosexuals in the military. "There may be some room for a different outcome under the new rules," Richenbers said. After a hearing at Offutt Air Force Base in December, three Air Force Colonels recommended that Richenberg be given a general discharge rather than an honorable one. THe office of the Secretary of the Air Force has yet to issue a ruling on the case. A recent memo preparted by Edwin Dorn, assistant secretary of defense for personnel, offered hope of a second chance for Richenberg and other member of the military who had discharge hearings under the old rules banning service by gays. Military service secretaries have the discretion to grant new hearings applying to the new rules, Dorn wrote in the memo. The new regulations originally were intended only for cases initiated after Feb. 5. A pentagon spokesman confirmed that Richenberg and service members who are unhappy with the results of their hearings under the old regulations could request that a second hearing be conducted under the new regulations. "He (Richenberg) will have the opportunity to have it looked at," said the spokesman, Lt. Col. Doug Hart. Richenberg said he was unsure when the new hearing would be scheduled. Meanwhile, people in the Omaha area who support Richenberg have targeted Air Force officials and Nebraska's congressional dlegation with a letter- writing campaign. At least 400 letters have been sent, said Jeff Wilson, a spokesman for Citizens for Equal Protection Inc. The Organization is a Nebraska advocacy group for gays and lesbians. Wilson, of Omaha, said he had not met Richenberg. The organizaion pushed the letter-writing campaign because of concerns that Richenberg was not being treated fairly by the Air Force, he said. At the very least, WIlson said, Richenberg deserved a recommendation for an honorable discharge. "He has almost nine years of perfect service," Wilson said. "They are not supposed to use the status of a discharge to punish someone." Richenberg, 35, formerly served as an electronic warfare officer on an RC-135 reconnaissance aircraft. He continues working with his squadron but has been placed on desk duty since the discharge proceedings began. Richenber's attorneys have said that a general discharge could make it more difficult for Richenberg to find civilian employment and could affect his future military benefits. Richenberg said he was optimistic but knew that it would be difficult to save his career even under the new regulations on homosexuals in the military. The new regulations, informally dubbed "don't ask, don't tell, don't pursue," havve been touted as a change that will allow gay service members to remain in the military as long as they don't commit homosexual acts and keep quiet about their sexual orientation. His main hope, he said, would be to convince the next hearing board that he does not intend to commit any homosexual acst, just as he does not intend to break any other mlitary regulations.