I don't see the big deal, you can get something similar for $40 bucks on Ebay, and Nam era ones for around $200. I didn't see it as restricted for ex-military....
If Moore Capito had claimed military in some fashion and wasn't, give him heck, but this photo doesn't give credence to anything. Just my two cents. I have some body armor (all black) that looks like that, anyone that has a problem with it can kiss my butt.