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He's been recognized by the air force as a war hero. his record is so extraordinary the air force has zero evidence the record that would warrant him under don't ask, don't tell. the witt case that colonel fehrenbach just referred to was decided in 2008 by the ninth circuit. prior to the case, the burden was on the service member to show that his remaining in the air force was not a detriment to morale, good order, and cohesion of the unit. now, after witt, the burden is on the air force to come forward with air force and to meet its heavy burden of proof to show that retaining him would, in f...

The secretary announced these new standards in march, he said that they did apply to open cases, and my case is still open to this date. and those -- each one of those factors that he announced applies to my case, and if they don't apply to my case, then, rachel, they don't apply to any case. so we hope they do take this opportunity to apply those new enforcement standards and also, as my lawyer will talk about, the law of the land in the ninth circuit, we hope they take the opportunity to follow the law and to follow the new enforcement standards that they, themselves, announced. >> well, dre...

A meeting between you and the review board so that you could make your case. but that request was denied. what would you have wanted to say to them if they had given you that chance to defend yourself and your record? >> just as drew alluded to, rachel, to present my record but then also again to stress to them that certain aspects of the law as it stood, you know, when i went to my review board, they were not followed by the air force, and certainly the new enforcement standards apply as well as the witt standard. you know, even before my first discharge board in april of 2009, we actually ha...