This response is provided based on the information you shared and should not be used as the sole source for making a decision. You should seek guidance from the chain of command, IG, JAG or other certified agencies before making any decisions. How you chose to use this information is totally up to you and is your sole responsibility.
I received the following response from our Legal SME:
No. The commander cannot force him to take a civilian course or make him pay for it. If the discharge happened off base then the commander has no jurisdiction. If it happened in on base housing the PMO would most likely have cited him.
While the Soldier cannot go to JAG, they can go to legal assistance or even the IG. If the Soldier is given an article 15, he would then be afforded the right to speak with TDS. Also, the commander cannot use the threat of an article 15 to force a Soldier to spend their own money on something.
Remember to seek guidance from certified agencies before making any decisions on this issue!
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Hope this helps to some degree.
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