The Navy is inventing grounds to fire a sailor found in a bed with another male sailor at the Naval Nuclear Power Training Command in South Carolina, the sailor's attorney said.
Navy Petty Officer Stephen C. Jones is contesting his discharge for dereliction of duty because of unprofessional conduct.
His lawyer, Gary Myers, said this week the Navy believes Jones is homosexual but has no proof and so charged him with something else.
But he says publicity from the case, first reported in The Washington Post, could discourage the military from using excuses to oust gay members when the 'don't ask, don't tell' policy against them serving openly is repealed.
According to Navy documents provided by Myers, Jones, of Pensacola, Fla., and another sailor fell asleep on his bunk while watching "The Vampire Diaries" on a computer last month.