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01-06-09, 06:47 AM
Last modified Monday, January 5, 2009 7:07 PM PST
MILITARY: Lawmakers not giving up on Marine denied Medal of Honor

By MARK WALKER - Staff Writer

Lawmakers aren't giving up their fight to have the Medal of Honor awarded to a San Diego Marine whose squad members say he saved their lives when he pulled a grenade to his body during house-to-house fighting in Iraq.

Newly elected U.S. Rep. Duncan D. Hunter is among those still working on behalf of Sgt. Rafael Peralta, a Camp Pendleton Marine who was killed in Fallujah on Nov. 15, 2004.

"The question remains whether it is best to resubmit the request to the incoming Obama administration or attempt to initiate a review of the process by which the medal is awarded," Hunter spokesman Joe Kasper said Monday. "Either way, there is a good chance that the next administration might be willing to change course on the matter."

Hunter, R-El Cajon, is the son of Duncan L. Hunter, who for 28 years represented the 52nd Congressional District seat that his son will assume when he is sworn into office Tuesday.

The district includes portions of Poway and Ramona.

Spokesmen for North County's two other congressmen, U.S. Reps. Darrell Issa, R-Vista, and Brian Bilbray, R-Solana Beach, said their bosses also are seeking to reverse a Department of Defense decision last summer to award Peralta the Navy Cross rather than the Medal of Honor.

"If there is a path that can right a wrong, Mr. Issa is on board," spokesman Frederick Hill said Monday.

Bilbray spokesman Kurt Bardella said his boss supports petitioning the incoming administration or introducing a resolution in Congress calling for the higher award.

"We want to exhaust every measure possible to make sure Sergeant Peralta gets the award we believe he deserves," Bardella said.

Peralta's case has generated deep resentment among the men who were with him when he was killed.

Each has sworn that he reached for an insurgent's grenade and pulled it to his body.

Peralta's heroism came after he suffered a head wound accidentally inflicted by a fellow Marine during the chaos of the fighting.

The Marine Corps subsequently nominated the 25-year-old Peralta for the Medal of Honor, which is awarded after an exhaustive review by the nominating service and an independent Pentagon review.

In late summer, however, Secretary of Defense Robert Gates announced that a special panel he had convened was unconvinced that the severely wounded Peralta would have been able to consciously reach for the grenade, and thus would not support the Medal of Honor award.

But Gates did not contest the Navy Cross award.

In his citation for that honor, Navy Secretary Donald Winter specifically wrote that Peralta reached for the grenade and thereby saved the lives of fellow Marines.

That citation prompted immediate calls by local lawmakers and Hawaii legislators to have Peralta given the Medal of Honor.

While Peralta's unit was attached to Camp Pendleton's 1st Marine Division during the battle for Fallujah, his squad was based in Hawaii.

The controversy was fueled by President Bush singling out Peralta during a 2005 Memorial Day speech in which he praised the Mexican immigrant's sacrifice, saying he understood what was required to defeat the Iraq insurgency.

Also feeding the Peralta controversy is the fact that a Medal of Honor was awarded to Marine Cpl. Jason Dunham for actions that were strikingly similar during fighting in Iraq in April 2004.

"The standard for the medal, as well as the process itself, should be consistent," Kasper said. "As evidenced by Sergeant Peralta's case, neither appears consistent."

Marine Corps spokesman Maj. David Nevers said the service had no comment on the continuing efforts in Congress.

He also said the service respects the Peralta family's decision to refuse the Navy Cross.

"Peralta's award will be entered into his service record and the medal will be retained at Headquarters Marine Corps should the family later decide to accept it," Nevers said in a written statement.

Contact staff writer Mark Walker at (760) 740-3529 or mlwalker@nctimes.com.

Ellie