A charge of conduct unbecoming an officer would be very difficult to prove since Lakin has pretty much said he is very willing to deploy if the government can prove Obama is constitutionally eligible to be President.
If I was a defense attorney, I would make a very big issue of the fact that the government needs to prove Obama is the legitimate President in order to convict Lakin.
But they don't. If you were an attorney, you would understand that.
It works the other way, the defense must prove that he's not. How much ability they will be allowed to obtain evidence of that, will be up to the judge.
Of course if they argue that he's not an NBC, because his parents were not citizens, they won't need much evidence.