[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 9 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
S. CON. RES. 9

  Recommending the posthumous award of the Medal of Honor to Sergeant 
                            Rafael Peralta.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 19, 2013

  Mrs. Feinstein (for herself and Mr. Rubio) submitted the following 
  concurrent resolution; which was referred to the Committee on Armed 
                                Services

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
  Recommending the posthumous award of the Medal of Honor to Sergeant 
                            Rafael Peralta.

Whereas, in November 2004, the Marine Corps led combat operations to retake the 
        insurgent stronghold of Fallujah, Iraq, as part of Operation Phantom 
        Fury;
Whereas Marine Corps Sergeant Rafael Peralta and thousands of other Marines 
        entered the city of Fallujah, coming into immediate contact with the 
        enemy and engaging in some of the most intense combat in the entire Iraq 
        war;
Whereas Sergeant Peralta, serving with 1st Battalion, 3rd Marines, cleared 
        scores of houses for days, and on November 14, 2004, asked to join an 
        under-strength squad;
Whereas, the following morning, a close-quarter fight erupted as Sergeant 
        Peralta and his squad of Marines cleared their seventh house of the day;
Whereas Sergeant Peralta, attempting to move out of the line of fire, was hit in 
        the back of the head by a fragment from a ricocheted bullet;
Whereas the insurgents, in the process of fleeing the house, threw a 
        fragmentation grenade through a window, landing directly near the head 
        of Sergeant Peralta;
Whereas Sergeant Peralta reached for the grenade and pulled it to his body, 
        absorbing the blast and shielding the other Marines who were only feet 
        away;
Whereas, on November 15, 2004, Sergeant Peralta made the ultimate sacrifice to 
        save the lives of his fellow Marines;
Whereas Sergeant Peralta was posthumously recommended by the Marine Corps and 
        the Department of the Navy for the Medal of Honor;
Whereas 7 eyewitnesses confirmed that Sergeant Peralta smothered the grenade 
        with his body, with 4 of the accounts, taken independently, stating that 
        Sergeant Peralta gathered the grenade with his right arm;
Whereas the historical standard for awarding the Medal of Honor is 2 eyewitness 
        accounts;
Whereas, in 2008, the nomination of Sergeant Peralta for the Medal of Honor was 
        downgraded to the Navy Cross after an independent panel determined that 
        Sergeant Peralta could not deliberately have pulled the grenade to his 
        body due to his head wound, despite 7 eyewitness accounts to the 
        contrary;
Whereas, in 2012, new and previously unconsidered evidence, consisting of combat 
        video and an independent pathology report, was submitted to the 
        Department of the Navy;
Whereas based on the new evidence, a review of the case was initiated;
Whereas, in December 2012, the upgrade from the Navy Cross to the Medal of Honor 
        for Sergeant Peralta was denied, despite an announcement of the support 
        of the Department of the Navy for the upgrade;
Whereas the citation for the Navy Cross awarded to Sergeant Peralta states, 
        ``without hesitation and with complete disregard for his own personal 
        safety, Sergeant Peralta reached out and pulled the grenade to his body, 
        absorbing the brunt of the blast and shielding fellow Marines only feet 
        away'';
Whereas Sergeant Peralta wrote to his brother in the days preceding his death, 
        saying, ``I'm proud to be a Marine, a U.S. Marine, and to defend and 
        protect the freedom and Constitution of America. You should be proud of 
        being an American citizen'';
Whereas Sergeant Peralta, who was born in Mexico and immigrated with his family 
        to San Diego, California, enlisted in the Marine Corps on the same 
        morning he received his proof of permanent residence, commonly known as 
        a green card; and
Whereas Sergeant Peralta and his fellow Marines are an inspiration for their 
        service, selflessness, and sacrifice: Now, therefore, be it
    Resolved by the Senate (the House of Representatives concurring), 
That Congress--
            (1) honors Sergeant Rafael Peralta, a Mexican-American who 
        enlisted in the Marine Corps on the same day he received his 
        permanent residence status, for his dedication to the Marine 
        Corps and the United States, and for upholding the highest 
        standards of military service;
            (2) recognizes that the courage and selfless actions of 
        Sergeant Peralta in combat saved the lives of his fellow 
        Marines;
            (3) concurs with the Marine Corps and the Department of the 
        Navy that the actions of Sergeant Peralta are in the spirit and 
        tradition of the Medal of Honor;
            (4) maintains that eyewitness accounts confirm that 
        Sergeant Peralta deliberately pulled the grenade to his body 
        and, consistent with previous Medal of Honor awards, the 
        eyewitness accounts should be the leading and deciding factor 
        in evaluating the nomination of Sergeant Peralta for the Medal 
        of Honor; and
            (5) recommends that Sergeant Peralta posthumously be 
        awarded the Medal of Honor.
                                 <all>