I'm going to have to say NO on this one and these are my basic thoughts. Marine or not, he is protected by the same first amendment rights we all have, including freedom of speach, which is what this marine was exercising. Yes, he did say he would disobey orders which in that case, if he did disobey, then I'd agree with a court marshal, however, he did not disobey orders, he just said he would. There is a fine, but distinct difference in talking the talk, and walking the walk. When this marine, who overall sounds like a good soldier, is in combat, seeing his friends in danger and an order comes in that might conflit with his personal philosophy, I'm betting he'd still follow the orders. For example, as a tax accountant I sometimes get frustrated processing returns with extreme loopholes and getting the super wealthy huge breaks, I don't like it, I say, "I'm not doing these returns anymore", but then, when my manager and friend say, "Hey, can you take care of this return?" I say sure! We've all been disgruntled with a boss, we're all allowed to express that. This marine did not violate the rules, he just said he would... is that a crime?