This response is provided based on the information you shared and should not be used as the sole source for making a decision. You should seek guidance from the chain of command, IG, JAG or other certified agencies before making any decisions. How you chose to use this information is totally up to you and is your sole responsibility.
AR 600-8-2 is clear on this issue. Specifically Failure to counsel within prescribed times does not invalidate the Flag. The flagging authority, unit commander, or first line supervisor will counsel all Soldiers on active duty, in writing, upon initiation of any Flag within 3 working days unless notification would compromise an ongoing investigation.