It's not better, it's wrong. Your original statement that the gentleman would receive a dishonorable discharge and still receive his benefits is just factually inaccurate.
As for your second strategy of attack...it's not better, it's your opinion. The process of trying a military member by a jury of their peers is nothing new. And the fact that you think the military would collectively try to "protect one of its own" shows just how blindly jaded you are. If anything, I think the jury would want to be more severe in its punishment to show the world that this violation of the Geneva Convention and standing RoE will not be tolerated.