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Company Command: The Bottom Line - Army Leadership Guide

Does a Soldier have to be notified of a flag action?

I have an E-8 who falsified documents, went AWOL, and committed another violation under the UCMJ. He is pending a General Letter of Reprimand. I initiated an adverse action flag on him once I knew the LOR was going to be signed. His counseling statements for these issues contain the "magic" language. He filed a complaint saying he didn't know he was adversely flagged. Is it required by regulation that he be informed that a flag is initiated or is it just courtesy? Does the "magic" language meet the requirement? I thought the "magic" language covered it all. Does this Soldier have a legitimate complaint?

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Yes, there is a requirement to counsel. However the failure to counsel in a timely manner does not impact the flag action nor should it typically have a significant impact on a complaint.

 

Extract of AR 600-8-2 Follows

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.

 

posted on 02/27/2011 under Q&A
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Mark is a Retired Command Sergeant Major with 26 years of military leadership experience. He held 3 military occupational specialties (Field Artillery, Nuclear Weapons Tech, and Ammunition Ordnance). Mark is one of the leading military authors in the fields of leadership, counseling, and training.

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