Something wrong with this picture...
I don't know what the US Army beret color is (I thought it was now black) -- here in NZ, sand-color is reserved for the NZ SAS. But I'm looking at this dude's beret, and then I'm looking at my Guardian Angels red beret, which is an American pattern...
Does your US Army fold their berets over to the left, or to the right? My red beret folds over to the right, in what I believe is the correct American pattern: it is certainly correct by our Manual.
The dude in the picture has folded his over to the left, in French Foreign Legion-fashion (except their berets are bright green).
He'd also have to be the sloppiest Soldier I've ever seen -- and I've always been a civilian: his beret is crooked, his blouse is unpressed and his watch is on the wrong hand... in addition to the other matters that you raise in your post (badge, shirt, &tc)
I do hope you Yanks tried him as a Spy and subsequently hanged him: he sure looks like a terrorist to me!
The first beret authorized for wear by the U.S. military was for Army Special Forces and was green (and still is.) during Viet Nam a lot of non-standard berets began to be worn by various units and, IIRC, in the 1970s it was regulated so that units of the 75th Ranger Regiment were awarded black berets, and members of airborne units were issued maroon berets.
These became the entrenched standards for several decades until the end of the cinton administration when the Chief of Staff of the Army and Secretary of the Army decided we could be more like europe if all our soldiers could wear berets (manufactured under contract in China, to be sure). They decided that all soldiers would be issued black berets, and this sent many in the Ranger community into (IMHO) a wholly justified rage. It was decided that the Rangers would get the sand/tan color beret.
You are correct, this retard is wearing his beret sloped to the wrong side. The flash (the yellow patch) should be worn over the left eye. Enlisted soldiers wear their regimental unit crest on the flash and officers wear their rank. This dud has neither.