Just let me follow the logic through with Colonel Gibson and see whether I understand it here.
If a soldier is charged with a failure to obey under section 83 and he or she, for whatever reasons, good, bad, or otherwise, chooses to proceed by way of a court martial court, then that's not part of this discussion. That's over there. But if he or she chooses to go summary and is convicted, don't they therefore still expose themselves to a Criminal Code conviction?
Where you're going with this thing is that this person doesn't want to have a criminal record. Are you therefore differentially treated when you elect to get into the summary trial system as opposed to being in under sections 87, 89, or whatever?