A local Marine says he is being denied the Purple Heart he earned in combat. That's because his story and the testimony of those with him in Iraq when he was wounded doesn't match the official paperwork.
A tank mine takes out a Humvee from the second batallion 1st marines travelling at night on Iraqi roads. Corporal Robert Macias,witness. "First convoy out the second vehicle blew up hit a land mine on the right fron tire."
Macias recorded the cooking of the vehicle and its arsenal which were manned by four marines including Lance Corporal Rene Dueñas, his best friend. "I just remember being in the back of the truck seeing it explode and thinking he was and dead and everyone was dead in there," said Duenas.
But the story doesn't end here as it has for many of our fallen heroes. The four marines managed to get out in time. They were hurt, they were stunned but they were able to talk about it a week later. "The javeline blew up my clothes my pack and everything in my truck," Duenas recalls.
Lance Corporal, Rene Duenas, seeks the Purple Heart. "My first reaction, I thought I was already dead the concussion itself basically sent my Kevlar and my helmet sent it flying. I mean it was already in the back of the Humvee, when it exploded it hit my face as shrapnel from my driver's M16, it hit my shoulder."
"When I saw him, he was just bleeding everywhere he just had a face, he was just walking around he didn't know anything," said Macias.
This is not just the testimony of Dueñas and Macias, but the sworn testimony of more than a dozen marines who say they saw Duenas bleed that night. However, the problem comes when we take a look at the casualty report filled out by the medics the following day.
This next-day report shows that Dueñas only suffered a bloody nose. "If you say something and the paperwork says something different, then they are going to believe the paperwork," said Duenas. Based on the initial report, the Department of Defense decided a bloody nose was not worthy of a Purple Heart. "It's kind of like a slap in the face in a sense."
Especially after the medic that treated him that night provided a signed statement saying that there were additional injuries. Even his lieutenant has recommended Dueñas be awarded the Purple Heart. But the D.O.D. seems to not be able to get past that initial report.
"It's frustrating, a little frustrating just looking at the actual Purple Heart itself. Whenever you get hurt or injured in combat or wounded it means a little something to that person," said Duenas.
Congressman Kevin McCarthy has submitted an appeal to the Department of Defense on Dueñas' behalf. Kern County's Veteran Affairs Department says it will meet with him to see what can be done.