Can a Soldier be flagged well after an event happened? Updated as of 11-15-2019

Thanks for contacting ASKTOP.net  Flags are covered by AR 600-8-2.

Yes, you can be flagged after an event has happened.  For example lets say you fail and APFT test and go on leave for 14 days.  When you come back from leave you are flagged.  The flag action is dated the date of the APFT failure.  You will be counseled that a flag is being placed on you and there are time requirements for the counseling.  However if they fail to counsel you on time it does not stop the flag action.

 EXTRACTS OF AR 600-8-2

2–3. Circumstances requiring a transferable Flag

b. “Army Physical Fitness Test failure” (Flag code J).

Initiate a Flag when a Soldier fails a record APFT or when, through the Soldier’s fault as determined by the commander, the Soldier fails to take the APFT within the time prescribed by existing regulations, or when directed by the commanding officer (as provided for in AR 350–1). A Flag is not required for a Soldier who has a permanent or temporary profile that precludes taking the APFT or is unable to undergo an APFT because of conditions beyond the Soldier’s control (as determined by the  commander). Soldiers with a profile effective after the APFT will remain flagged until a record APFT is passed. A Flag is not required when the commander determines the Soldier cannot be administered an alternate APFT because of conditions beyond the Soldier’s control. Soldiers who become pregnant after being flagged for failing an APFT (as determined by a physician) will remain flagged until successfully passing an APFT. Remove the Flag (code E) on date of compliance. If, as determined by her primary care provider, the Soldier was pregnant at the time of APFT failure, the commander will immediately remove the Flag (code Z)

 c. “Noncompliance with Army Weight Control Program” (Flag code K).

The effective date of the Flag is the date that the Soldier was found to be in noncompliance with AR 600–9. The use of certain medication to treat an underlying medical disorder or the inability to perform all aerobic events may contribute to weight gain but are not considered sufficient justification for noncompliance with AR 600–9 and the Soldier will be flagged. Soldiers will not be exempt because of chronic medical conditions unless an exception to enrollment in the Army Weight Control Program (AWCP) is granted by the DCS, G–1. In the case of a pregnant Soldier, if the Soldier became pregnant prior to being entered into the overweight program, the commander will close the Flag using codes KZ, not KE. If the Flag was initiated before pregnancy (as determined by her primary care provider) the Flag will remain in effect until the Soldier complies with AR 600–9. Remove the Flag (code E) on date of compliance.

2–4. Effective date

The effective date of a Flag, unless otherwise specified in this regulation, will be the date that the circumstance(s) requiring the Flag occurred, not the date the Flag was initiated (for example, if the circumstance occurred on the 25th of March, but the Flag was not initiated until the 3d of April, the effective date of the Flag would still be the 25 th of March)

 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.

2–5. Authentication

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–PS) will authenticate adverse action DA Forms 268 or investigation DA Forms 268 initiated by HQDA.

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