Both Marines were found guilty of "Conduct unbecoming a United States Marine" and were ordered by Judge Randolph to be dishonorably discharged. However, no such crime exists for enlisted personnel. Article 133 of the UCMJ makes "Conduct unbecoming an officer" a crime. But the two accused Marines were enlisted, rather than officers, and couldn't have been convicted under Article 133. Rather, an enlisted person could be separated under the general provision "For the good of the service." Aaron Sorkin has long acknowledged the error but did not feel it necessary to correct.

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