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.
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?
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Comments
Kyle
In March of 2020 I failed a APFT . I was properly counseled for it and everything . The APFT was administered wrong . We had no grader or time keeper for the run so it was ran by 1 person who was the OIC. I was never given a pt card and one was never created for me . I was flagged but my pt score was never inputted on my SRB. So only this months reports, it states that my APFT is greater than a year and I’m flagged for APFT failure but my score says it’s passing ? So does that mean it’s invalid? I asked for a copy of my score card and they couldn’t come up wi one . Is it Forgery if they fill out a new one ?
Mark Gerecht
Based on the information you provided I would consider the APFT to be invalid. This would be something that should have been addressed at the time of the failure and rebutted on the counseling statement. You might consider speaking with the commander, requesting assistance from the IG, and/or filing an Article 138 against the commander. Just make sure you are prepared for the 2nd order consequences of any decision you make.
Hope this helps!
TOP
Kevin
Question: I know policies have changed dozens of times since 1990, but going to 90-91 in reference to Flags for not meeting the tape. Was the policy back then that once a Soldier deploys to a combat theater/operation that the flag is lifted? I heard this was the case, but I cant locate an AR 600-8-2 from back then. Some context to the question, early on I was part of a group that received bronze stars for some action during Desert Storm. I was pulled aside and told I couldn’t get it, because I was flagged. Yet, 4 months later I was received the general awards that everyone received for deploying. I have several guys from my unit that we remain in touch and trying to research if it is even worth while filing a request for an award post service. Thank in advance for any and all comments and assistance.
-Kevin
Mark Gerecht
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
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
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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