PORTLAND, Oregon, April 30, 2008 (NBC) -- A 12-year old Washington State boy was recently kicked-out of a game because he isn't your typical ballplayer.

Jacob Garcia has a condition that causes frequent infections in his lungs. Those infections cause scarring that makes it difficult to breathe.

So for the last five years he's worn a small oxygen tank. It's that tank that got him tossed.

Jacob’s mother Linda Garcia said, "He was ejected from the game."

"The umpire said I couldn't play because of my tank. Because of my oxygen," said Jacob.

Little league rules don't say anything about oxygen tanks. But little league leaders say Jacob can't play until a national ruling weeks away.

"He's devastated because his dreams and his passion got yanked out from under him," said Linda Garcia.

"Things like this happen in life, but we really need to carry on and hope people make the right choices," Jacob said. "I feel like I’m making way for people like me who wear oxygen too. I feel like I’m making a path for them so they don't have to go through the stuff I’ve gone through."

The wisdom of a 12-year old struggling to understand a decision is made by those who are supposed to be so much wiser.

The umpire who ejected Jacob says the oxygen is not approved equipment.

Now the Vancouver, Washington little league is fighting to make sure it's approved nationwide.