IMPEACH BUSH

The body armor that West Seneca's American Legion Post 735 bought for Marines in Iraq is gathering dust somewhere in dusty Anbar province, thanks to Marine Corps orders preventing its use.

And the local Legionnaires who spent nearly $6,000 for the state-of-the- art protective gear are none too happy about it.

"It's asinine," said Mark McMahon, whose purchase of the body armor for his son and two of his buddies prompted the Legion post to buy 20 sets for the West Seneca Marine's entire unit.

"That body armor that's sitting around somewhere could possibly save someone from serious injury or save a life," said Charles "Phil" Kordos, the post commander.

Concerns about the body armor prompted Rep. Brian Higgins, D-Buffalo, to write a letter Thursday to Gen. James T. Conway, commandant of the Marine Corps.

"Every American soldier should have access to the best body armor available and they should have clear guidance on what additional equipment is approved for use," Higgins wrote.

Marine Corps officials at the Pentagon could not be reached to explain why Lance Cpl. Michael McMahon, 21, and the other members of the 1st Battalion, 2nd Marines in his platoon were not allowed to wear the body armor.

McMahon's father said the company commander decided that the body armor could not be used, even though many Marines consider it to be more protective than what the Marine Corps issued.

He said he personally bought the "Spartan II" vests, which cost $275 apiece, for his son and two of his buddies after they had heard about it while serving stateside between their tours of duty in Iraq.

"They provide more protection for the sides and the kidney area and they don't shift around as much," the elder McMahon said.

Hearing that, members of American Legion Post 735 decided it would be a nice gesture to buy those vests — which are used with government-issued protective plates — for the other 20 members of Lance Cpl. Mc- Mahon's unit. The Marines returned to Iraq in March and are serving in the town of Rutbah in Al Anbar province, the violence- wracked western region of Iraq.

The first 15 of those vests were shipped to Iraq in April, with the rest being sent this week after they finally became available, the elder McMahon said.

He said he had no idea why the Marine Corps wouldn't allow those vests to be used.

"I'm a police officer, and the Police Department provides this stuff," he said.

Higgins, however, cast some doubt on the use of the new vests. In his letter to Conway, he accused Tactical Applications Group, which sells the Spartan II vest and is located near Camp LeJeune, of "apparently misleading advertising practices."

As recently as Thursday, the company's Web site said the Marine Corps had issued a contract to buy Spartan II vests — even though at least one Marine commander in Iraq was not allowing their use.

Furthering the confusion, Higgins said, was a Marine Corps policy that allows commanders to approve personal protective equipment that isn't government-issued, but that doesn't offer any specifics.

"This policy makes it unclear as to what personal protective equipment is acceptable for use," Higgins said, asking for a clarification, and for more information on what could be done to improve the body armor used by American soldiers and Marines.

"It is unacceptable that current policy has left the men and women of our armed services with doubts about the quality of their issued personal protective equipment and confusion over what additional steps they can take to protect themselves," Higgins said.

Christina Bove, a West Seneca Town Board member, said she is working on a resolution that would call on New York's senators to put pressure on the Marine Corps to allow the vests to be used.

Noting that the funeral of a local soldier had left her feeling helpless, she said that after hearing about the plight of the Spartan II vests, she thought: "Maybe I can help."

In the end, though, the future of those vests depends on the Marine Corps — or the Marines themselves.

"I don't know how long it will go on before they say to hell with it and just start wearing them," McMahon said.

jzremski@buffnews.com