Maybe, but he could have offered his resignation. That would at least have given him cover for his position and probably have saved his bacon.
Yes, I agree that the submission of his resignation, with the reason for resignation as part of the submission, would have been turned down, but I also agree with P-M that it would have established him as serving under protest for a form of conscientious reason.
There have been other politically based conscientious objection cases, but I’ve not heard of one that ever was approved. Generally, the approved CO cases have to do with the ethics of war or with a religious background (or new faith) of pacifism.
Still, it would have been part of the record.
Saved his bacon?
“Oh here sir is my resignation I’m giving it to you even though I know the Army won’t accept it so that I can refuse to Obey an illegal Order from Obama to deploy to Afghanistan that I will be given in a year from now.....”
I believe he has been let off lightly with little more than a slap on the wrist and here’s why.....
An officer dismissed from the service is not the same as getting a Bad Conduct discharge and as we have seen in the past he could be pardoned for these offenses just as 1st Lt. Calley was for worse. Meaning he will eventually receive his full benefits.
Also he is being given six months to write a book and plenty of free time to do so. I’ll look forward to it coming out during the peak of the next presidential race.
He is still a Doctor and According the his replacement Maj. Dobson a better one than he was in Afghanistan.
And then there is the possibility that this court martial verdict could be thrown out during the automatic appeal process.