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Navy seeks to discharge sailor found asleep in bed with another male sailor

After the House voted to repeal the policy, the Senate took on the issue and also voted to lift the 17-year-old ban on gays in the military.

Jones said in his account to investigators that he was wearing pajamas but that neither he nor his friend, Brian McGee, had intended to fall asleep or spend the night together. He said the encounter was platonic.

The investigative summary and charging documents do not specify how Jones's actions constituted unprofessional conduct. Jones said his friend often stopped by his room to watch videos, and noted that visiting hours lasted until 2 a.m. that Saturday night. He and his attorney said they have repeatedly asked the Navy for clarification.

Dougan, the Navy spokesman, acknowledged that no regulation specifically prohibits sailors from falling asleep in the same bed. But he said rules do require them to "behave professionally in the barracks" and that Bailey, the commanding officer, concluded that Jones and McGee had not done so. "The determination was that two sailors sharing the same rack was unprofessional."

McGee was also charged in the case. Unlike Jones, he agreed to accept lesser disciplinary proceedings that resulted in docked pay but allowed him to stay in the Navy.

Neither man was officially charged with being gay. But Jones said McGee told him their commanding officer, Capt. Thomas W. Bailey, "asked him if being a homosexual was going to be an issue" if he stayed in the Navy.

McGee declined to be interviewed for this story. Bailey did not respond to a request for comment.

Jones, who is from Pensacola, Fla., said he was contesting the charge against him because he hadn't done anything wrong. He said he has not had any other disciplinary problems since he joined the Navy last summer, nor any run-ins with his roommate or superior officers.

"I have always been one to stand up for what I think is right," he said.

Asked by a reporter whether he was gay, Jones said: "Under the circumstances, that is my business and my business alone."

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