Scenario 1: How do you handle a Soldier who threatens another Soldier under your charge?

MSG Private RallyPoint Member — Thu, 05 Sep 2019 19:38:18 -0400

Bottom line, this is a scenario-based leadership study I am conducting to determine how different Senior Leaders handle tough situations.

Let's say you receive a call from a mental health professional who cites that a patient of theirs, a Soldier under your charge, made a threat against another Soldier under your charge. What is your immediate reaction and what actions do you take moving forward?

Please give me your best answer and try to back it with regulatory guidance. No knee jerk responses.

Response by WO1 Private RallyPoint Member made Sep 5 at 2019 7:54 PM

WO1 Private RallyPoint Member — Thu, 05 Sep 2019 19:54:25 -0400

Well if you know what/why they are in mental health for that could help understand what they are both going through.

Then If they are "adult" enough just sit them both down (separate at first to get sides and information and then together) and see if it cant be resolved and the lowest chain.

If it cant be I would check on moving them so they are in different companies etc and ensure they continue to get help with their underlying problems.

Response by SSG(P) Private RallyPoint Member made Sep 5 at 2019 9:02 PM

SSG(P) Private RallyPoint Member — Thu, 05 Sep 2019 21:02:53 -0400

Grab information from the professional on their account of the situation. Then speak with which ever is available to discuss the situation first and ask any open ended question possible, maybe lead the conversation to steer towards the same answer from them and check for consistency. Then speak with the other with the same process. Any notes I have I throw onto a blank page and try to speculate what could have been issues or problems to cause the situation and what lead to the possible aggravation to grow within the individual. I would like to recap with them later on what happened and see how they are doing and if there was something missing, but then inform on the COA to take after discussion with my FLL. Discussion would be individually done and if there is still a little resentment or unclear for them, it would be a group discussion for them to speak and use their own words. Otherwise its through me and another outside individual as witness.

I've worked with this idea in management before in warehousing, all types of personalities and traits and conflicting all day...plenty of experience stopping fights and arguements but the main objective was to figure out why. Why they made the threat, why them, why towards the other person, etc. I've had soldiers make threats at one another and I split them apart and ran the questioning gambit. If they were worked up then I had them do barrel rolls to calm them down. But nothing with a soldier seeking mental help and making threats.

Response by SFC Michael D. made Sep 6 at 2019 8:49 AM

SFC Michael D. — Fri, 06 Sep 2019 08:49:30 -0400

Because of HIPAA, a real Mentah Health Professonal wouldn't disclose that to you. The Soldier, depending on severity, would be detained on an emergency detention. Probably admitted to a Psych ward and treated. You probably wouldn't ever see that Soldier again.

Response by MSG Gary Eckert made Sep 6 at 2019 10:47 AM

MSG Gary Eckert — Fri, 06 Sep 2019 10:47:40 -0400

Although you didn't indicate the level of the threat, this is the book answer from HRC if it involves a threat to the other soldier's life.

The Human Resources Command (HRC) receives threat-to-life cases from Soldiers, commanders, third parties, and other government agencies for investigation and determination if a change of assignment is necessary.

The local installation commander will provide security for the Soldier. A LTC or above in the Soldier’s chain of command will provide written supporting documentation to HRC, Enlisted Personnel Management Directorate (EPMD), Special Actions Branch (SAB), who will review submitted documentation and make a final decision on reassignment. This is not a station of choice assignment. All requests will be submitted on a DA Form 4187 and must be signed by the Soldier and the first O-5 in the Soldier’s chain of command.

Telephonic coordination of all threat-to-life cases with HRC, EPMD, and SAB is authorized.
The point of contact is [login to see] at COMM: [login to see] or DSN: 983-5195. Please include grade, full name, SSN and MOS with all e-mail requests.

Response by MSG Private RallyPoint Member made Sep 6 at 2019 11:36 AM

MSG Private RallyPoint Member — Fri, 06 Sep 2019 11:36:02 -0400

Let's add another layer to this. Do you contact JAG if someone's threat against another person is a threat of life? Great responses thus far!

Response by Lt Col Jim Coe made Sep 6 at 2019 3:22 PM

Lt Col Jim Coe — Fri, 06 Sep 2019 15:22:47 -0400

The severity and intensity of the threat would make some difference in how I would react. The mental health professional may be required to report the threat to law enforcement. If not, they are being very smart contacting me as the Soldiers' supervisor. Here generally what I'd do:
-Evaluate the need to contact law enforcement based on current regulations, the nature of the threat, and the intensity of the threat.
-Set up meetings with both Soldiers involved to gather more facts and provide counseling
-Meet with threatened soldier first. Explain situation.
Listen to- their story as to why Soldier would threaten them. Advise them to contact me immediately if they believe they are threatened by the Soldier.

Talk with the soldier who made the threat. Listen to their side of the story carefully. Advise them that threatening another Soldier is unacceptable. Contact the JAG Officer to check on soldier's right. Place them in a situation where encountering the threatened soldier is unlikely. Instruct intermediate and immediate supervisors on the actions they should take to let you know if any further threats are make.

Response by Maj John Bell made Sep 6 at 2019 11:12 PM

Maj John Bell — Fri, 06 Sep 2019 23:12:38 -0400

I believe this one would fall outside the UCMJ. Most states have some form of involuntary commitment, based on the severity and imminence of the threat. The medical officer from your scenario and the Post JAG should probably consult.

While on duty that was part of the Personal Reliability Program, I had a LCpl who stated that if bad guys attempted to attack the facility we guarded, he'd fire the first magazine into the NCO's. He was immediately relieved from duty, denied access to the armory, denied access to any vehicles, and placed under 24 hour escort by two chasers. He was evaluated by a mental health official and placed in the mental ward of the nearest military Hospital. He was then treated for something like 30 days of inpatient therapy, then transferred to a less sensitive post at a different geographic location. My understanding is that he was then treated as an outpatient prior to being discharged wit a GOS discharge.

Read more at: https://mentalillnesspolicy.org/national-studies/state-standards-involuntary-treatment.html

Involuntary Commitment (Assisted Treatment) Standards (50 states) - Treatment Advocacy Center...

State-by-state standards for involuntary treatment and involuntary commitment on both inpatient and outpatient basis from Treatment Advocacy Center.

Response by CPT William Jones made Jun 4 at 2021 12:33 AM

CPT William Jones — Fri, 04 Jun 2021 00:33:04 -0400

It is Docs problem. Ask him what he wants or needs you to do then do it
If Doc really thinks he is serious he is supposed to report it.