The Times says he wasn’t discharged for having a personality disorder, he was discharged for having a “severe” personality disorder. And not just any ol’ disorder, either. According to the AP, it was this one.
The trial will probably focus on two questions. First, did the Army know about the rape/murder when it discharged him? According to the Times,
Army regulations prohibit commanders from discharging soldiers found to have personality disorders if the action is intended “to spare a soldier who may have committed serious acts of misconduct” from prosecution by military authorities.
Not that that would matter to Green’s culpability or sentence, but the media will be looking for a cover up and that’s their best bet.
Second, is he insane? 18 U.S.C. 17 makes insanity an affirmative defense to all federal criminal statutes if “at the time of the commission of the acts constituting the offense, the defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his acts.” Judging from the description of APD at Wikipedia, he might have been unable to feel the wrongfulness of his acts. But did he appreciate that they were wrong?
Would he have asked someone to monitor the radio during the incident and then burned his blood-stained clothes afterwards if he didn’t?
Anyway. What’s the other four guys’ excuse?