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

If an incident occurs and the command chooses to do nothing and then changes their mind, can a Soldier be counseled or flagged for any incident after the fact? For example if a Soldier failed out of a school, failed an APFT or tape test, etc.

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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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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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    Comments

  • Troxell

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    Female soldier is on an PT waiver for 1 year extension, soldier gets pregnant and can not take a PT test to re-enlist before ETS. Can that SM remain in or does she get kicked out?

  • Anonymous

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    Can I be flagged for going against a general order I never saw ? And can I be flagged with no concrete evidence, or just hear say ?

  • Martin

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    Sergeant Major,

    The information you are providing is not correct. The reg now states three working days to flag. Additionally why would there be any time frame mentioned if a flag could be initiated whenever.

    • Mark Gerecht

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      Martin,
      Thanks for the feedback I went back and checked the regulation. It states the flag will be initiated within 3 days. However the counseling notification must take place within 2 working days unless the notification would compromise an investigation. The extract reads:

      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.

      With regard to the “Why would there be any time frame mentioned if a flag could be initiated whenever” Good point and a question I have asked myself the regulation states:

      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.

        I have added the authentication portion to the post.

        Please let me know if I misunderstood the question or if my response if inaccurate. Again thanks for sharing the feedback. I strive to make sure we always provide accurate information but regulations change and there is a lot of information on the site to keep up with. It is individuals such as yourself that help me stay straight. Take Care TOP!

  • Jones

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    Is a flagging valid is I failed an apft on let say july 12th but didn’t get counseled or flagged until September 20th?

    • Mark Gerecht

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      Yes it is Valid

      Per AR 600-8-2, failure to counsel in a timely manner does not invalidate the flag action. Please see the extract below.

      Extract of AR 600-8-2

      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.

      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.

      I hope you found this information useful

      TOP

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  • SGT Tirado, J

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    Can a soldier be flagged 8 months later after failing an NCOES school on last academic? When they knew the whole time. After leadership failed to train counsel and afford School pertaining to failed area of knowledge (IMLC). Denied appeal, Dropped after continuance was allowed. And all other exams passed.

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