On May 22, 2024, the House Armed Services Committee advanced the FY2026 National Defense Authorization Act (NDAA), which includes two amendments proposed by Congressman Jodey Arrington (TX-19) to honor Private Second Class Caleb “Smitty” Smither. The 19-year-old Lubbock native died while on active duty at Fort Bragg, North Carolina.
The first amendment directs the Army to report to Congress on the implementation and enforcement of the "Smitty Check" protocol. This protocol was developed in response to Smither’s death and requires thorough monitoring of service members following an injury. The second amendment mandates that the Department of Defense disclose whether a service member received care from a DoD doctor or a civilian doctor on their medical records.
“Caleb’s dream was to be a soldier in the United States Army and serve his country, but his service was tragically cut short by an accident on his base. Had the Army required certain safety protocols, Caleb’s life would likely have been saved,” said Arrington. “Thanks to the tenacity and determination of Caleb’s mother, Heather, we were able to introduce legislation to hold Army contract personnel accountable as well as develop safety protocols to ensure this doesn’t happen to someone else in the future. Heather raised the finest of young men in Caleb, who represented West Texas with the highest honor and sacrificed his very life for the country he loved.”
Heather Baker, Smither's mother, expressed her sentiments: “This is truly remarkable news and full circle experience after four years of solid work being Boots on the Ground advocating with Jodey Arrington and my attorney Daniel Maharaj who have been by my side in this journey since January of 2020. Their tenacity in pressing for answers and trusting me as I have sought justice for my son, PV2 Caleb Smither, gives me hope for our Service Members and their families. I know that I cannot bring Caleb back, but this legislation has the potential to address and close loopholes that will protect future soldiers and their families, and this has been my ultimate goal. It brings healing and pride to my heart knowing Caleb’s ‘Smitty Check’ has the potential to save many lives.”
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