On 23 November 2012, AR 600-8-2 was modified making it mandatory to counsel Soldiers within 2 working days when they are flagged. For specifics see the extract below.
Unless otherwise specified in this regulation, only commanding officers, commandants, an officer/civilian with specific authority to sign “For the Commander” (for example, BN or higher executive officer, deputy commander, or adjutant), or HQDA general officer principle staff heads or their designee may authenticate a DA Form 268. Failure to counsel within prescribed times does not invalidate the Flag. The Commander, HRC (AHRC–PDV–P) will authenticate adverse action DA Forms 268 or investigation DA Forms 268 initiated by HQDA.