His estate donated the photo to the USMC History Division. I think that means he's dead now and put the photo in the public domain by donating it to the government. Also, the guy with the rifle has to be a USMC Sniper/Scout. That is the original 1966 M40. The scoped rifle gave these guys a free pass to just about anywhere. Including Khe Sanh. The only way that guy is not a Sniper/Scout is if he is an officer. No Scout/Sniper would let anyone hold that weapon unless he was giving it up and then only to an officer with instruction to log it into the armory along with the serial number. As far as I know only 1/5 Sniper Platoon was at Khe Sanh. I could be wrong on that though. Anyway, I believe this is a candid photo. I've seen reference to it maybe on one of the hilltops near Khe Sanh. Nevertheless, it was not a good day. These guys have been in the field a while. I've alter the photo a little and you can see their hair is matted with dirt.
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