[Congressional Record Volume 159, Number 40 (Tuesday, March 19, 2013)]
[Senate]
[Pages S1955-S1956]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SENATE CONCURRENT RESOLUTION 9--RECOMMENDING THE POSTHUMOUS AWARD OF
THE MEDAL OF HONOR TO SERGEANT RAFAEL PERALTA
Mrs. FEINSTEIN (for herself and Mr. Rubio) submitted the following
concurrent resolution; which was referred to the Committee on Armed
Services:
S. Con. Res. 9
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
[[Page S1956]]
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.
Mrs. FEINSTEIN. Mr. President, I rise today with Senator Rubio to
submit a resolution recommending the posthumous award of the Medal of
Honor to Sergeant Rafael Peralta, United States Marine Corps.
My friend and colleague from California, Representative Duncan
Hunter, will introduce this resolution in the House and I am proud to
work with him on this important matter.
Our resolution recognizes that Sergeant Peralta's courageous and
selfless actions in combat saved the lives of his fellow Marines.
Our resolution concurs with the Marine Corps and the Department of
the Navy that Sergeant Peralta's actions are in the spirit and
tradition of the Medal of Honor; maintains that, consistent with
previous Medal of Honor awards, the eyewitness accounts confirm that
Sergeant Peralta deliberately pulled the grenade into his body and that
eyewitness accounts should be the leading and deciding factor in
evaluating Sergeant Peralta's Medal of Honor nomination; and recommends
that Sergeant Peralta be posthumously awarded the Medal of Honor.
Sergeant Peralta was a true American hero.
He was born in Mexico and immigrated as a young child with his family
to San Diego, CA.
He embraced his new life and anxiously awaited the opportunity to
serve his adopted country and give something back.
In fact, on the very day he received permanent legal resident status
in the United States, he joined the United States Marine Corps.
Sergeant Peralta deployed to Iraq as a scout team leader assigned to
Alpha Company, 1st Battalion, 3rd Marine Regiment.
In November 2004, Sergeant Peralta and his battalion were involved in
intense house-to-house fighting in an effort to reclaim Fallujah, Iraq
from insurgents.
After clearing scores of houses for days, he asked to join an under-
strength squad.
Upon entering their seventh house of the day, Sergeant Peralta's
squad came into direct contact with insurgents and he was hit in the
back of the head by a fragment from a ricocheted bullet.
As insurgents fled the house they threw a grenade through a window
which landed near Sergeant Peralta's head. Despite his wounds, he was
able to reach for the grenade and pull it under his body to absorb the
blast.
He was killed instantly but his sacrifice saved the lives of his
fellow Marines.
For his selflessness and heroism, Sergeant Peralta was recommended
for the Medal of Honor by his local commanders, the Commandant of the
Marine Corps, the Secretary of the Navy, and the Chairman of the Joint
Chiefs of Staff.
Now, the historical standard for awarding the Medal of Honor is two
eyewitness accounts. Sergeant Peralta has seven.
Seven eyewitnesses gave sworn statements attesting that Sergeant
Peralta smothered the grenade and placed it under his body in order to
absorb the explosion.
Four of those accounts, taken independently, state that he pulled the
grenade to his body with his right arm.
Nevertheless, an independent panel formed by then Secretary of
Defense Robert Gates determined that Sergeant Peralta could not have
deliberately pulled the grenade to his body because he was immediately
incapacitated after being shot in the head.
Secretary Gates agreed with its conclusions and Sergeant Peralta was
awarded the Navy Cross instead of the Medal of Honor.
Yet, despite the panel's findings, the citation for the Navy Cross
agrees with the eyewitness accounts and states that ``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.''
In fact, his family has refused to accept the Navy Cross and has
worked tirelessly to ensure that Sergeant Peralta's actions are not
forgotten and properly recognized with the Medal of Honor.
In 2012, Representative Hunter submitted new and previously
unconsidered evidence, including combat video and an independent
pathology report, to the Department of the Navy.
Dr. Vincent DiMaio of San Antonio, Texas volunteered to review the
case for Sergeant Peralta's family and submitted the report.
He concluded that, in all medical probability, Sergeant Peralta was
not immediately incapacitated after being shot, and, in fact, reached
for the grenade and pulled it under his body.
After a new review of the evidence, the Department of the Navy once
again recommended Sergeant Peralta for the Medal of Honor.
Unfortunately, Secretary of Defense Leon Panetta denied the request.
I have the utmost respect for the judgment of Secretary Gates and
Secretary Panetta. On this matter, I just take a different view and I
urge our new Secretary of Defense, Chuck Hagel, to take another look at
this matter.
I do not take the awarding of the Medal of Honor lightly. Indeed, the
Medal of Honor is our country's highest and most prestigious military
award.
It says something to me that seven eyewitnesses verified that
Sergeant Peralta absorbed the blast of the grenade and saved the lives
of his fellow Marines.
It says something to me that the citation for the Navy Cross backs up
the eyewitness accounts.
It says something to me that Sergeant Peralta was recommended for the
award by his local commanders, the Commandant of the Marine Corps, the
Secretary of the Navy, and the Chairman of the Joint Chiefs of Staff.
It says something to me that the Secretary of the Navy has even
publicly stated that he believes Sergeant Peralta deserves the Medal of
Honor.
Sergeant Peralta gave his life for our country and his fellow
Marines. His actions in combat and the evidence make it clear to me
that he has gone above and beyond the call of duty and is deserving of
the Medal of Honor.
In the days before his death, he wrote to his brother 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 too of being
an American citizen.''
Let us honor this American hero and show our pride in being Americans
by passing this resolution.
I urge my colleagues to support this resolution.
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