"civilian" isn't available in the dictionary.
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Well lookie here I found one. And guess what it's not the english definition..
What is CIVILIAN?
One who is skilled or versed in the civil law. A doctor, professor, or student of the civil law. Also a private citizen, as distinguished from such as belong to the army and navy or (in England) the church.
Law Dictionary: What is CIVILIAN? definition of CIVILIAN (Black's Law Dictionary)
What is CIVILIAN? definition of CIVILIAN (Black's Law Dictionary)
So based on that legal definition one could argue that he's not civilian in 2 ways and is 1.