That's fine, but this is a rare case, despite the fact that I'll guarantee that it happens on a daily basis in either the UK or US military.
The point is not moot if the only reason he is being prosecuted is becuase of "pressure" from elsewhere, then that is a bit hooky. If it would normally be dealt with by a slap on the wrists and a "mess fine" then it puts a totally different light on it.
He is a silly bloke for doing this and if found guilty, he'll suffer for it, but it's hardly the most heinous of crimes is it?