Unless this former JAG officer (I doubt he was a military judge or magistrate...or he would have been identitfied as such) has handled a case dealing with the Birth Certificate of a sitting President....or can cite such a case that set the precedent he claims....this former JAG officer is blowing smoke.....he has no idea how a military judge will rule on allowing the Birth Certificate in as evidence....or allow the defense to obtain it
Since the defense will be based on Obama not being able to legally hold the office of President based on his birth status or other issues.....the military judge will have to rule in favor of the defense...or it will get overturned on appeal. The Birth Cert is an essential part of the defense’s case.
Obama and any other elected official is covered under the “de facto officer doctrine” established by US Supreme Court precedent from 1898.
This does not prevent the BC to be released in discovery, or used as evidence.