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Award Quick: Army Award Writing Software

Can a Soldier be recommended/approved for awards while flagged for APFT failure? Updated As of 11-15-2019

I have a Soldier who is flagged for failing the APFT. The commander will not sign it because he states he is not eligible for an award. Is this correct?

AR 600-8-22
Commanders will ensure that—
(1) Individuals on whom favorable personnel actions have been suspended are neither recommended for, nor receive an award, decoration, or a badge during the period of the suspension.
(2) Other-than-honorable service subsequent to submission of the recommendation for an award is promptly reported to the awards approving authority with a recommendation for appropriate action.
b. Exceptions. As an exception to paragraph 1–17a(1), Soldiers who are flagged for overweight or Army Physical Fitness Test failure may be recommended for and presented an award based on valor and heroism. Additionally, Soldiers who are flagged for overweight or Army Physical Fitness Test failure may be posthumously recommended for and presented an award, decoration, or a badge when assigned to a unit engaged in combat against hostile forces and the Soldier dies as a result of injuries sustained during combat.
c. Waiver for overweight and Army Physical Fitness Test failure flags. A waiver of the overweight or Army Physical Fitness Test flag must be processed for length of service retirement awards to the first general officer in the Soldier’s chain of command with award approval or disapproval authority. All waivers will be processed as separate and distinct actions from the award recommendation, and should be submitted and adjudicated prior to submission of the award recommendation. The approved waiver will accompany the award recommendation once submitted.

posted on 05/26/2011 under Q&A
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MacArthur D. "Mackie" Ocampo is an Active Duty First Sergeant and has served in the Army for 15 years to date with 9 years of service as a Human Resources Specialist. Currently, he serves as the First Sergeant for Hammer Company, 1st Battalion, 17th Infantry Regiment, 2d Stryker Brigade Combat Team, 2d Infantry Division at Joint Base Lewis-McChord, WA. Mackie has served in Korea, Ft. Carson, CO, Schofield Barracks, HI, twice in Afghanistan, and twice in Iraq accumulating over 59 months of overseas service. He believes that the "personnel" aspect of a Soldier's career is a big factor in their morale and readiness and is determined to assist Soldiers in their professional development by providing sound advice and clarification of ongoing policies, regulations, and procedures.

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Award Quick: Army Award Writing Software

    Comments

  • Mark Gerecht

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    Kyra, Thanks for the update! It does appear in item (2)c. that a waiver can be approved for a service retirement award.

    Thanks for taking the time to submit this. It is people like you who help us keep things up to date.

  • Scorpio220

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    Hello! I am reaching out in shear desperation.

    My husband had a flag review in late July 2017 and was found to be in good standing. The flag remains as I send this email. JAG has advised this can take up to 6 months and he should cease any further follow up calls. All of the research we have done says the flag should be removed immediately, and/or within 3 Days.

    This is detrimentally affecting his disabled daughter’s ability to utilize his GI benefits for college where she’s finishing her first semester, and causing great distress to the family as a whole and a significant financial burden.

    Can you provide any direction as to how and to whom we should escalate to?

    I thank you, in advance, for any help you may be able to provide!

    • Mark Gerecht

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      Bottom Line
      This is an IG Complaint for failure to follow a rule or regulation.

      Discussion
      This response is based upon the limited information you provided.
      I am not sure what you mean by good standing. Nor did you state the reason for the flag. Was this the first review with the second review to be scheduled within 3 months?
      I am confused as to why JAG would tell you it could take up to six months. All of this aside, let’s step through the issue.

      AR 600-8-2, para 1-9c. Suspension of Favorable Personnel Actions,
      Specifically, states “A Flag will be removed within 3 working days after the Soldier’s status changes from unfavorable to favorable.”
      The Soldier’s ERB should update automatically within 24 hours of the S-1 inputting the transaction. A delay happens frequently! Normally because the unit fails to send the DA Form 268 removing the flag to the S-1 for processing in a timely manner or most likely, the Battalion S-1 received the form but someone has simply not done their job.
      The six months issue is unacceptable. The Soldier should also have been given a copy of the DA Form 268 removing the flag which he can present to the retention NCO as proof of removal.

      Possible courses of action:
      1) 1SG/CDR open door policy;
      2) Battalion CSM/CDR open door policy; then
      3) IG Complaint

      The Soldier should have been counseled when the flag was put in place and should be counseled when the flag is removed. The flag removal should be backdated to the date it should have been originally removed and the Soldier will be entitled to any and all benefits and entitlements as of that date.

      AR 600-8-2 para 2–6. Notification
      The flagging authority, unit commander, or first line supervisor will counsel all Soldiers on active duty, in writing, upon initiation of any Flag within 2 working days unless notification would compromise an ongoing investigation. Soldiers not on active duty will be counseled regarding initiation of a Flag prior to the conclusion of the first training period following the date the Flag was initiated. Counseling should include reason for the Flag, requirement for Flag removal, and action prohibited by the Flag. All flagged Soldiers will be provided a copy of the DA Form 268 when the Flag is initiated and when it is removed. Notifications for HQDA initiated flags may be delayed to protect against the unintentional early release of a promotion board’s results.

      Special thanks to our Legal SME ECK for help out on this one.

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