Reading though the link I'm wondering about 2 things. 1. looks to me as he has already had gone though having either a court martial and his discharge will be the punishment in the so called administrative hearing. 2. In the section of Nature Of This Action it alleges #key legal word) " he has spoken on matters of public concern in his capacity as a private citizen ".
Yeah seems like he got hit with an Admin Sep Board. After really looking at the complaint, I am going to change my position on this one. First and foremost his actions were wrong and he should have never had the website up. Upon discovery of the website, he should have been ordered to take it down permanently. The Marine Corps was aware that the site existed. His immediate chain of command was aware and in fact did not disapprove, given that he was initially given permission to go on Chris Matthew's show. The JAG in this case screwed up when he advised Sgt. Stein that the website would be okay as long as he put a disclaimer on it. Furthermore, the site was up and active for 17 months with the disclaimer and at least from the complaint filed, nobody said anything about. Now all of a sudden they hit him with an Other Than Honorable discharge.
This Marine seems to have gotten improper legal guidance and absolutely no command oversight on his actions. I cannot say that justice is being served in this case. It would be one thing if he had been ordered to take down the site and he didn't. However, that does not seem to be the case and he shouldn't be punished where he had a legitimate reason to think that he was operating within the UCMJ.