Yes, I see that. He may very well be guilty (and is guilty in my estimation) of all sorts of violations. However, from a legal standpoint, the only relevant provisions [at this juncture] are those under which he was actually investigated and discharged. Whether the military would choose to apply some other provision in the event that the provisions they applied were ruled invalid is another question altogether.
Wouldn't you assume that if he is doing that the legal beagles handinling the case would have already exhausted the other avenues that you claim to be questioning ?
Seems like a stupid argument to make if the case could be made it was applied wrong in the first place.