The Commander in Chief is a CIVILIAN, not a military officer. That is the way it was set up from the get-go. We have CIVILIAN control over our armed forces. Unlike where the Prince of Wales is also Colonel-in-Chief of a regiment over there and wears a uniform, here there is no such thing.
Agreed. The Commander in Chief is a civilian without question. However, I believe in the eyes of the Supreme Law, he is titled a "civilian officer", along with the Secretary of War et al, vis-a-vis
United States v. Burns (1870). Perhaps I'm overreaching, but I do think the U.S. CODE pertaining to civilian impersonation of an officer applies as the CiC is a civilian officer and beyond that the highest ranking officer in the entire military body.