Here's a preview for what life will be like in the military for LGB soldiers. Stephen Jones is being charged with "deriliction of duty" for the incident described below:
According to the Navy's investigative summary of the episode, the trouble started shortly after midnight Feb. 6, when Jones's roommate, Tyler Berube, returned from an out-of-town trip.
As he opened the door, Berube saw Jones "asleep in bed with another male sailor," according to a statement that Berube gave to investigators. Berube stated that both were wearing only boxer shorts but got dressed and left after he woke them up.
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 he 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.
More after the jump.
Dougan, the Navy spokesman, acknowledged that no regulation specifically prohibits sailors from falling asleep in the same bed. He said rules do require them to "behave professionally in the barracks" and that Capt. Thomas W. 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 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 that Bailey "asked him if being a homosexual was going to be an issue" if he stayed in the Navy.
Because of the new restrictions put on DADT investigations by Robert Gates, there hasn't been anyone discharged under that law since last October. This is our first glimpse into the post-DADT world.
That doesn't mean that everyone in the military is all gung ho about the rainbow. The situation above reminds me a lot about how indecency and lewdness laws, which are written vaguely, are often used by police to justify prosecuting people for being gay or looking for gay sex in public, even if the planned sex was going to occur in private. Who cares? Even if the charges don't stick in court the entire process - with name, address, and photo given to the press - is a sort of punishment.