Advocacy group: Navy stops discharge of sailor in sleepover

By the CNN Wire Staff STORY HIGHLIGHTSPetty Officer Stephen Jones dozed off beside another male sailor while watching TVThe Navy had sought to discharge him for "unprofessional conduct"A gay advocacy group says the charge was an end run around the repeal of don't ask, don't tell (CNN) -- The Navy has halted discharge proceedings against a sailor who was found asleep in the same bed with another male sailor, according to a announcement Friday by Servicemembers United, the nation's largest organization of gay and lesbian troops and veterans.

Petty Officer Stephen Jones, who is stationed at the Naval Nuclear Power Training Command in Charleston, South Carolina, has contended that the Navy's effort to discharge him for "unprofessional conduct" was a trumped-up charge based on the command's suspicion that he might be gay.

Jones also contended that the non-judicial punishment for "unprofessional conduct" was a maneuver around the "don't ask, don't tell" repeal that President Obama signed into law in December.

When contacted by CNN, Navy officials didn't have an immediate comment.

Alexander Nicholson, executive director of Servicemembers United, said the Navy "undoubtedly did the right thing in reversing its decision," made in March, to discharge Jones, who dozed off beside another male sailor while watching television on February 5.

In a recent interview with CNN, Jones, a student at the Nuclear Power Training Command, said another male sailor stopped by that night and they both inadvertently fell asleep on Jones' bed while they watched the CW TV show "Vampire Diaries."

"We strongly suspected that his command was trying to find a roundabout way to discharge Jones because it suspected him of being gay, and we simply were not willing to stand by and watch a new version of 'don't ask, don't tell' emerge under the new label of 'unprofessional conduct,'" Nicholson said in a statement.

Jones hired civilian attorney Gary Myers -- a former JAG officer who is one of the most experienced civilian military defense attorneys in the country -- to fight his discharge, and Servicemembers United worked closely with Jones and Myers to help publicize the case and persuade Navy leaders to retain Jones, according to the Servicemembers United statement.

CNN's Adam Levine and Michael Martinez contributed to this report.

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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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