DENVER-
An Army soldier claims he faces a disciplinary hearing for behavior he blames on a brain injury suffered during Special Forces training, which he said was ignored by his commanders who sent him to Iraq anyway.
Col. John Cho, commander of Fort Carson’s Evans Army Community Hospital, declined to comment on the case of Spc. Paul Thurman. Dee McNutt, spokeswoman for Fort Carson, said Thursday she would look into the case but a soldier’s health records are confidential and she could not comment on them.
Thurman is scheduled to undergo an Article 15, which in Army lingo is “nonjudicial punishment.” Punishment from an Article 15 is limited to no more than 30 days in custody, some loss of pay and some extra duties. It can also result in a decision to conduct a court-martial.
Thurman said he will exercise his right to demand a court-martial, even though penalties can be far more severe, including imprisonment, forfeiture of pay, loss of benefits, and a bad conduct discharge. He said his brain injuries caused the behavior that got him in trouble.
“This is not the first time we have seen cases like this. I have stacks and stacks of files of soldiers who have profiles that say they should not be deployed. Commanders are downgrading profiles to make soldiers eligible for deployment,” said Stephen Robinson of Veterans for America, a Washington, D.C.-based advocacy group that lobbies for soldiers.
Thurman provided The Associated Press with his service record and a medical profile showing that he had suffered a brain injury when a log fell on his head during a Special Forces training exercise at Fort Bragg, N.C., in March of 2006.
He was shipped to Kuwait, where he suffered a second injury during a training exercise when a mock Improvised Explosive Device exploded within three feet of his head. He was subsequently sent to Iraq, where he reported his head injuries to his command and was flown to Germany and then briefly back to Walter Reed Army Hospital and then Fort Carson.
One of his medical records, titled “Patient Movement Request,” said that before he was deployed a lesion was found in his brain. He was sent to Kuwait in September last year for several weeks and then to Iraq for about a week, leaving on Sept. 28.
A letter from his commander, Capt. Anthony L. Leach, documented how his supervisor, platoon sergeant and co-workers noted Thurman’s performance decline because of his injuries.
“Soldier’s conditions are not exaggerated in any way,” Leach’s letter said.
Thurman’s “Record of Proceedings,” which he made available to The Associated Press, says he could be discharged from the Army, with an honorable or bad conduct discharge, if his conduct continues. He also could be given a medical discharge. A “Record of Proceedings” is a list of allegations.
The incident with which he is charged occurred Feb. 20 when everyone in his barracks was awakened at 2:30 a.m. for a surprise check and ordered out.
“I told them I had to go back and get my medication. I was dizzy, and she (the sergeant) called me private, and I am a specialist,” he said. When ordered to return to the formation he cursed the sergeant and as he left to return to his room he suffered a seizure.
“Whenever I have these episodes it is because of my brain damage,” he said.
Leach, whose position as company commander was verified by McNutt, documented Thurman’s irritability behaviors that include inability to focus, memory loss, loss of feeling, inability to comprehend others and unexpected blackouts.
“Soldier’s health was normal before injuries and has decreased since his return from Iraq,” said Leach’s letter.
The Army Article 15 record mentions that Thurman wanted to return to get his drug but does not mention his brain damage or seizure, nor does it list any previous incidents of disobedience. He also was written up for not taking a driving course even though his medical profile barred him from driving.
Thurman, 24, of Huntington Beach, Calif., served four years in the Navy before joining the Army in 2005.
