What fallacy is this

Person 1 lights up a cigarette in the store

And a security guard comes over and tells him that " you can't smoke in the store" 

And Person 1's defense was " I served 30 years in the damn Navy, as a proud white supremacist and proud pedophile, I don't deserve this treatment"

This is a prime example of the "red herring" fallacy, where one introduces an irrelevant point to divert attention from the original issue. This chap's naval service doesn't grant him the right to smoke wherever he pleases, as commendable as 30 years at sea may be! It's like saying you can walk on newly planted grass because you won your 5th-grade spelling bee. Fun fact, neither contribution helps the grass grow - one just ends up looking rather silly (and having very dirty shoes)!