@Silverchild79,
First, I wonder if he had already put his hand down. Judging by the way two of the others are looking to their right, perhaps the flag had already passed them, or maybe it had not gotten to them yet and he hasn't yet put his hand over his heart.
Can you give us context for that photo?
If this was during a recitation of the Pledge, he is wrong, but then is there any law that requires us to make that gesture? I know it is customary, just as wearing the flag pin by congress members is customary, but not required by law.
At this time, the majority of Americans want "Under God" in the pledge, and "In God We Trust" on our money. Until laws are passed to do away with these customs, they should stay there.