A paralyzed Special Forces soldier, who was facing an other-than-honorable discharge because he was intoxicated when he broke his neck trying to save a distressed swimmer, is going to get out with his reputation and benefits intact after all.
A Sept. 23 memo from Maj. Gen. Thomas Seamands, head of Human Resources Command, has characterized Sgt.1st Class Tim Brumit's accident as in the line of duty and caused by simple negligence, overturning an earlier decision to give him an other-than-honorable discharge because of his condition.
"Your personal behavior prior to the incident impacted your judgment, but does not establish that you intentionally omitted a proper degree of care," Seamands wrote.
The reversal means an honorable discharge and a 100 percent disability rating for Brumit, according to the chief of staff for Rep. Duncan Hunter, R-Calif., who intervened with the Army on Brumit's behalf.
Brumit will also be able to wear his Special Forces tab after his discharge, Joe Kasper told Army Times. A determination hasn't been made about his security clearance, though, because that "goes beyond just the Army," he added.
Brumit became paralyzed below the waist in 2015, after diving from a boat in an attempt to rescue a drowning girl as a storm tore up the water off of the Florida coast.
He misjudged the water depth, slamming into the sand and losing feeling in his body from the chest down.
An Army investigation found that he had trace amounts of cocaine in his system as well as a 0.1 blood alcohol level, ruling that his injuries were not sustained in the line of duty and he was not entitled to an honorable discharge.
Brumit's father launched a campaign to save his son's benefits, earning the endorsement of the soldier's boss at U.S. Army Special Operations Command, Lt. Gen. Ken Tovo, who wrote a letter to HRC on Brumit's behalf.
Though Seamands overturned the original discharge decision, he did not let Brumit completely off the hook. Though Brumit acted honorably, Seamands wrote, he clearly failed to exercise caution when diving into the shallow water, something that an sober person would not have done -- but it wasn't "willful negligence."
Meghann Myers is the Pentagon bureau chief at Military Times. She covers operations, policy, personnel, leadership and other issues affecting service members.
