For sake of discussion he was not in active service.
Say what you will, I don’t consider Jack Murtha to be a Marine. I suspect there are a good many Marines who look on that the same way I do.
I have written Murtha repeatedly demanding that he return his uniform and any commendations he received. IMHO, he is no longer qualified to wear either.
Also for the sake of discussion, once you earn the title of United States Marine, you wear it forever and guard it jealously.