Are you kidding me?
Dude, you need to loosen up. Apparently so does DoD. Damned Airborne guys- always so uptight.
I can certainly tell you that in the Marines position i'd have not handled it any better, but possibly worse.
Those Marines are bulletproof right now, can't be touched. It would be very, very bad for Kerry politically to have three good Marines courts-martialed for telling the world they think he's an asshole. Bring a lot of unwanted media attention. As it is now, most people don't know about this incident. Those three Marines get courts-martialed, everyone is going to see that Marines quotes.
Kerry does NOT want that.
BTW, Kerry is a scumbag. No one can prosecute me for speaking my mind.