I don't know about your interlocutor, but officers don't swear to the UCMJ as I have told you. You can look up an officer's oath of office on the internet if you don't believe me.
Other than stating that you are right, you have made no arguments. It would appear, since the recommendation was to dispose of this case at an Article 15 hearing that EVEN the presiding JAG oficer does not agree with you.
The problem is that this is not a slap on the wrist kind of offense. Either in the exercise of his judgment and the discretion he has as the senior military officer present he acted in the line of duty or he did not. If he did not, the consequences ought to be severe - I will agree with that point. If he did - a position that I and many other combat officers hold - then the consequences ought to be a medal. Because of the furious debate between the combat officers on one side and the traffic cops (folks like you) on the other, the Army is having a hard time making this go away. They cannot appease both sides. The leadership needs to make up their minds and take a stand. Swatting him across the nose with a wet newspaper will just prove what whimps they are and make no point at all. And if any of the senior officers involved are recommended for another star, the Senate will get letters from those who won't forget.