http://guardianofvalor.com/michael-r-schrenk-fake-marine-found-erie-county-fair-arrested/
I've seen a couple of stories like this, and find that for many the conduct of the pretender is considered reprehensible. However, for some, their response is "What's the big deal? He's just dressing up."
In my opinion, if we're willing to write this sort of activity off as a merely another form of cosplay, then the cosplayers should be prepared for the criticism and response from those who wore and know the intricate details of proper uniform, decorations and conduct.
The other side of this is that cosplayers (those who dress up in order to emulate, mimic and show to the world their love and fascination with a particular character or role) don't tell others that they ARE who they are emulating. For the most part, cosplayers aren't trying to convince others that they are anyone other than "a fan who wants to show their love and admiration for a particular persona". I believe the "step too far" and the difference between someone who cosplays as a videogame, anime, or television character (while attending a ____-Con) and the individuals who don a military uniform to attend a military funeral is rooted in the motivations of the person and what they intend to get in response for their effort.
Should it be criminal? An interesting discussion and debate. One that I would hope could remain civil, despite the deep and personal passions of those who would argue over it.
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#Offtopic
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I think it should be illegal. I'm no patriot, but I think it's highly disrespectful. I mean wearing a uniform like that to a con or Halloween is one thing, but to a funeral service or a military function? Hell no. If they are such a fan of whatever country or branch, than support them the right way.