Openly gay sailor can continue to serve

A copy of a "don't ask, don't tell" study shown at a Pentagon briefing in November in Arlington, Virginia. STORY HIGHLIGHTSPanel's vote believed to be first case in which military chose not to enforce DADT policy Three-person panel voted unanimously that Derek Morado not be discharged"This is the first hearing that's resulted in a retention" said Robin McGehee of Get Equal (CNN) -- Gay rights advocates claimed victory Saturday after an administrative panel in California this week recommended not to discharge an openly homosexual sailor.

Although "don't ask, don't tell" is not repealed, the panel's vote is believed to be the first case in which the military chose not to enforce the controversial policy, according to a gay rights organization.

Petty Officer 2nd Class Derek Morado, 26, was facing military discharge after a comrade reported that he saw photos posted of the gay serviceman on Myspace kissing another man.

"I'm relieved it's over and I'm glad I get to continue serving," Morado told CNN on Saturday. "I've had plenty of time for the news to digest, but I'm still so relieved. I just want to continue doing what I have been doing

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