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So today, as i usually do, i checked my ERB...(somewhat) to my surprise, I was flagged for height and weight failure for a Brigade PT Test for a BLC slot. I took this PT test and did the height and weight on September 7th 2018. I kinda knew i had busted tape..but i had never actually seen proof that i did, nor was i ever counseled stating that i had failed and was being put on the ABCP program. So my squad leader and i waited days for the command to push down paperwork..never happened. So here it is, September 25th and i am just now seeing a flag for Height and weight failure. To add, I lost my promotable status over this also..
So my question is...can they flag me this late in the game? I mean sure, i've read the regulation..but should i be talking with legal.
So my question is...can they flag me this late in the game? I mean sure, i've read the regulation..but should i be talking with legal.
Posted in these groups: 
Legal Advisor
Promotable
Legal Advisor Promotable
Posted 6 y ago
Responses: 5
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You are lucky that they did flag you. They actually worked in your benefit. Had you not been flagged, you would have carried on to basic leader course, and failed height and weight. Then you would have Ben mandatorily barred from re-enlistment, received a negative 1059, and it probably would have taken you longer yet another basic leader course date then it will take for you simply having a flag.
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Suspended Profile
There are several issues with the situation. At a minimum you should have been counseled for failing the body fat assessment and your NCO should have not just waited for the body fat worksheet, but should have requested it and sought it out. Additionally, if you plan to contact another agency, whether it be legal or IG, what is the outcome you are seeking? In short, are you currently in tolerance if you were administered another body fat assessment? With your stated scenario, this “can” be an erroneous flag, but if you are still out of tolerance than any fight on your portion will likely result in another failed taping.. hope this helps.
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The simple answer is yes, they can flag you for failing weight control. You may have a valid IG complaint because they never counselled you but even if you do it won't lift your flag.
The best solution is for you to drop those extra pounds, retest and get the flag lifted because you are back in compliance. As soon as you do your promotable status will be reinstated.
Going to legal would be a waste of your time -- you failed the height/weight standards - no contest. The flag is valid.
The best solution is for you to drop those extra pounds, retest and get the flag lifted because you are back in compliance. As soon as you do your promotable status will be reinstated.
Going to legal would be a waste of your time -- you failed the height/weight standards - no contest. The flag is valid.
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SSG Dale London
As long you are not in compliance with the AR they can flag you. You can fight it if you want to but my experience has been that you lose much more than you gain even if you DO win. Like I said earlier - your best course of action is to get into compliance quickly and get the flag lifted because you are no longer failing to meet the standard.
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SSG Dale London
I just checked the current AR governing flagging actions (AR 600-8-2)
"2–1. Rules for initiating the flag
a.. A separate flag will be initiated for each investigation, incident, or action.
b. The commander (or general officer staff head) directs the flagging action.
c. The effective date of a flag is the date of the incident or the date the commander (or general officer staff head) initiates the action, whichever is earlier."
What this boils down to is that -- regardless of the timing requirements of AR 600-9, the latitude granted commanders in AR 600-8-2 means that even if they miss the deadline, they can still initiate a flag. The CO may get his/her wrist slapped for not doing it in a timely manner but the flag will still be valid because AR 600-8-2 lists weight control failure as a flaggable action.
Army regs get you coming AND going.
My initial advice remains unchanged.
"2–1. Rules for initiating the flag
a.. A separate flag will be initiated for each investigation, incident, or action.
b. The commander (or general officer staff head) directs the flagging action.
c. The effective date of a flag is the date of the incident or the date the commander (or general officer staff head) initiates the action, whichever is earlier."
What this boils down to is that -- regardless of the timing requirements of AR 600-9, the latitude granted commanders in AR 600-8-2 means that even if they miss the deadline, they can still initiate a flag. The CO may get his/her wrist slapped for not doing it in a timely manner but the flag will still be valid because AR 600-8-2 lists weight control failure as a flaggable action.
Army regs get you coming AND going.
My initial advice remains unchanged.
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