I saw Judge Napalitano on with John Gibson yesterday..and he said it is 'legal' for them to do this...even under the UCMJ..
This same "judge" was the one screeching that the patriot act was unconstitutional. He's a dolt and he looks like the wolfman, so I pay no attention to his opinions. It is not legal to undermine the war effort as an active duty soldier. Patton would have shot them.