No such thing as being “under court martial.”
An Article 32 investigation is being conducted because he failed to comply with orders to report to Fort Campbell.
http://www.nydailynews.com/news/national/2010/04/14/2010-04-14_birther_lt_col_terry_lakin_to_be_courtmartialed_for_refusing_order_to_deploy_to_.html#ixzz0l5y2f5rS