On Tuesday, a military administrative board recommended that Lt. Dan Choi should be discharged from the National Guard for violating the military's "Don't Ask, Don't Tell" policy: Board: Discharge gay NY National Guard officer.

The recommendation was a setback for Choi, who came out earlier this year to challenge the policy. He would be the first New York National Guard member discharged for violating the policy against homosexual conduct.

In essence, it amounts to a discharge. I don't think this is a surprise to anyone. While "Don't Ask, Don't Tell" is plainly ridiculous and unjust, it's a rule, and Lt. Choi broke it. To the military, it's as simple as that.

However, this isn't the end for Dan Choi. Make no mistake -- there will be an appeal. As he said last weekend in San Francisco, "A setback is an opportunity to keep fighting, and I'm going to do that through my actions." More here: Gay Iraq veteran must leave service.