A Marine Corps private who is now facing a court martial somehow enlisted in the service despite being diagnosed with autism and being subject to a conservatorship.

Joshua Fry, 21, was diagnosed with autism at age 8. Over the years he spent time in a lockdown treatment center and a group home. His grandmother is his court ordered conservator because he is “developmentally disabled” and “unable to provide for his … personal needs for physical health, food, clothing or shelter.”

Nonetheless, Fry enlisted in the Marine Corps in January 2008 and completed boot camp that spring. Since that time Fry was court martialed because he was found with child pornography and left duty without leave.

Fry’s Marine Corps recruiter and commanders knew about his disability, according to Fry’s attorney Michael Studenka. Furthermore, his attorney alleges that the recruiter took advantage of Fry in order to meet recruitment goals.

Studenka argued unsuccessfully that the military should not try Fry since he couldn’t contract and thereby shouldn’t have been able to enlist in the first place. Currently Fry is awaiting trial and the Marine Corps is investigating how Fry was able to enlist, reports the San Diego Union-Tribune. To read more click here.

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