This is why the soldiers interviewed have said they don't think the creator can do a good job with this case. She is guiding the discussion to what she believes is the reason and that he should be given leeway because of it.
From the military's point of view, his reasoning doesn't matter.
Maybe that's a problem. Our military only really answers to itself. In its own self interest, it has its own justice system. And our military is not a bastion of integrity.
We currently operate an indefinite prison/torture site in Guantanamo, we had Abu-Ghraib, we employed PMC's like Blackwater who we have VIDEO EVIDENCE of them killing civilians while in transit (veering off the road to run over pedestrians), and the footage revealed in WikiLeaks' Collateral Murder tapes, where the military not only killed journalists, but they then killed a van full of children sent to recover the bodies, and then ground troops repeatedly ran over the bodies, while the helicopter pilots made glib commentary. We wouldn't have known about this unless it was leaked. This was to remain [redacted].
It was recently found out that we have been paying for middle-eastern military leaders' male child sex slaves.
And most recently, we bombed an MSF hospital for over half an hour while survivors were frantically contacting our military telling them to stop - the bombings did not immediately stop. Our military has committed atrocities, but we always find some way to justify them, or shift blame to the newest boogeyman.
We basically condition our soldiers to behave in inhuman ways for the sake of "the mission", and we expect them to somehow retain all mental faculties. Despite overwhelming numbers of veterans coming home with PTSD and other debilitatations, as long as they can "keep it together" while out on the field, they're fine - otherwise they get life in prison or the death penalty.
We trust the military because they "keep us safe", yet we haven't actually fought a war that truly threatened our soil in decades. Our worship of our war heroes has invaded every facet of American life, from millions doled out to sports events to increase recruitment, to the pamphlets handed out outside of high school lunchrooms. Get them early, get them young, and they'll be loyal to you. Maybe this is inherently wrong, and maybe they're wrong in Bowe Bergdahl's case.