That choice would never have to be made if LTC West had simply done what he knew was right. Now thanks to his actions there will be some soldiers and officers who have to make a concious decision over something that should be automatic. The laws and rules have been taught to our troops from the day they raised their hand. Making them up as you go along is not an acceptable course of action, and they know that.
I think a few may take the tack you question(maybe .01%, but overwhelming majority will do what is expected of them, and that is not following the example of LTC West.