There was no trial, so the UCMJ article is irrelevant.
It was an administrative proceeding.
The “ administrative proceeding” is one step in the process to destroy this Marines life. Why it is in the civilian courts before the military has finished with it I do not know. The UCMJ article is relevant because that is what they try him on.
His attorney was on the Andrea Shea King show the other night. Very unfair proceeding. Violated their own rules, gave no time to prepare the case, prevented a “Bird Colonel” from testifying for him, among many other things.
Podcast here:
http://www.blogtalkradio.com/askshow/2012/04/11/the-andrea-shea-king-show