He had to be a U.S. Citizen while in, but he might have not known it and if he doesn't know it won't help him. If he claims that he was a U.S. Citizen he will have a hard time meeting the burden of proof, and he can't say it's a contract by adhesion, they will deny that, his best hope is to challenge their presumption of jurisdiction over him, does that law even apply to him, because from what I know is that if he is not a U.S. Citizen he isn't under their jurisdiction...
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To join the military in the USofA, you must be a citizen, and or hold a green card. If you are/were in the military and committed a crime you may go to jail if you are a US citizen, military status has nothing to do with whether you go to jail or not. If you have been issued a green card, and you commit a crime, your military status has nothing to do with whether you are allowed to stay in the country or not, the promises you made to obtain that green card is what determines it.
You do not need to be a US Citizen to join the US Military. If you have a GREEN CARD you can join the military. Look up what a green card is. It is a path to citizenship. Military/police status has nothing to do with if you go to jail if you are convicted of a crime, unless the Judge is biased. If an ex military man, or an ex police officer, or just some joe blow down the street murder someone, and are convicted of the crime, then they are ALL going to jail, unless like I said above the Judge is biased.