He was not an O-3 or even an O-2. He worked for a living. He was a Steelworker Second Class (DV) (Where DV stands for Diver).
Thanks for the correction. The basic point remains. Our government disgraces the memory of our fallen sailor with their acquiesence to this sleazy deal. The jihadi released by the Germans could be dealt with through any number of methods - secret executive order, letters of Marque and Reprisal, etc.