Great question. First this is a legal matter and the specifics of the case need to be handled through legal channels. I would not discuss the issue with the Soldier.
It is important the Soldier understand they will be treated fairly and that you will be a responsible leader and ensure they receive due process and fair treatment. By treating the Soldier fairly, the Soldier will usually do his/her best with regard to duty performance. If the Soldier is ostracized then other events are more likely. The Soldier can feel isolated, unwanted, become depressed, etc. Therefore it is important to keep the Soldier as part of the team. He may have done something wrong but it is not your position to punish him.
In my opinion your position is to let him know you will support him as you are required by duty, and that he has the capability to recover from this event. This is not a life ending event, but a life changing event. Even a bad situation like this can be used to put a person on the right track. If convicted, the Soldier will most likely be separated. If it is going in that direction the Soldier needs to do their best to begin preparing for the civilian sector. They can best do that by keeping the chain of command on their side by maintaining a positive and professional attitude. The chain of command can assist the Soldier in transition by allowing them to research benefits that might be available to them; perhaps assistance in preparing a resume, possible civilian careers, etc.
In my career I had the displeasure to separate Soldiers under similar conditions. My goal was to treat them with dignity and respect, not judge them, and to treat them like my other Soldiers. The Soldier knows there will be consequences for their actions. It is important they know you care and expect them to maintain the standards they usually perform. When they see that you are also willing to assist them in getting through the event or preparing for separation that tends to help them as they do not feel alone. I have had several Soldiers separate and later communicate with me that they appreciated they way I treated them and helped them during a difficult period.
1. Soldier health, welfare, and safety
2. Is the Soldier exhibiting signs of stress?
3. Does the Soldier exhibit indications that he could harm himself or others?
4. Does the Soldier need to have privileges revoked if he is a threat to himself, others, or a flight risk?
A counseling might be in order that would basically state something like:
RANK/NAME, on or about INSERT DATE, I was informed of an issue regarding you and law enforcement. This matter will be dealt with as required with regard to the legal process. As your Squad Leader I want to encourage you to remain professional as you deal with this event. I would encourage you to speak with an attorney and refrain from speaking to other individuals until you have been advised by an attorney.
I understand these situations can be stressful and if you are found to have committed the offense there will be some level of consequences for your actions. As you negotiate the legal process it is important that you remain professional. If at any time you need to talk I am available to speak with you within the limits of my authority. Our conversations are not off the record. If you need to speak with someone in a confidential manner I can arrange for you to speak with an attorney and/or chaplain. If at any time you feel that there is a danger of harming yourself or others it is imperative you seek assistance immediately. I understand situations like this can be very stressful but this is a temporary situation that will pass and it is an event that you can successfully overcome in time. Regardless of the outcome I want to encourage you to do the best you possibly can and strive learn from this experience.
Before giving the Soldier a counseling statement make sure you run it by your chain of command. You want to make sure you have their support and importantly do not say something inappropriate.
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