He will lose because his status as a conscientious objector has everything to do with his moral, ethical, or religious objection to war, if any, and nothing to do with who the commander in chief is.
As a 24 veteran, with much of that time spent as a Navy JAG, I concur. This is a foolish avenue to explore, and I don't believe any lawyer with even a working knowledge of the UCMJ would pursue such an action. I don't know who this Orly person is, but his legal advice is suspect, at best. At worst, I see some malpractice issues.