[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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