Posted on Feb 19, 2020
Need help regarding the rules and timelines for a flag initiation?
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I'll try to keep this short. A buddy of mine (SPC) failed a record APFT last month and lost his promotable status. He was counseled by both his first line and the commander and was enrolled in special pops. The commander won't let him take another record APFT until the 90 day mark. But he has to take a diagnostic every 30 days and took one today and passed and feels he his ready for a record. Here's the kicker. The 268 was never sent and filed with S-1 so he was never flagged. Regulation says the 268 should be initiated within 3 working days and it is the responsibility of the commander ensure that happens. Today it was discovered he wasn't flagged and now the commander wants to send the paperwork to S-1. Also his record PT test was never inputted into the system. His ERB still has the one he took in October. Today marks the 35th day after the effective date. None of the paperwork was filed and the soldier has shown he is ready and able to pass a APFT. Can/should the commander still be allowed to file the paperwork? My buddy is thinking about going to JAG or IG and I told him I would ask here first.
Posted in these groups: 
Army Regulations
Army Regulations
Posted 4 y ago
Responses: 4
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Key words to look for when reading regulations.
Should, may vs. Shall, must, will.
Then there's this entire thing about commander's prerogative.
An administrative error (e.g., FLAG not being posted timely), doesn't erase the APFT failure.
JAG may advise on the regulations, and really only have involvement if it moves to chapter.
IG is going to explain the regulation and the process that should have occurred, and may contact the commander to inquire what happened (Soldier failed APFT).
Neither JAG nor the IG have the authority to direct the commander to take a specific course of action.
APFT program is the commander's program, and while the commander may (didn't read it, so may not be an option) permit an earlier record APFT, it wouldn't be prudent. If Soldier failed again, there's the issue of Soldier not being provided 90 days.
All that said, your buddy could contact JAG and/or the IG, the APFT failure would still exist, the retest will be 90 days, and the Soldier may have volunteered for unnecessary attention.
Complete the 90 days, pass and increase score, regain promotable status, and move on with an early lesson learned.
Should, may vs. Shall, must, will.
Then there's this entire thing about commander's prerogative.
An administrative error (e.g., FLAG not being posted timely), doesn't erase the APFT failure.
JAG may advise on the regulations, and really only have involvement if it moves to chapter.
IG is going to explain the regulation and the process that should have occurred, and may contact the commander to inquire what happened (Soldier failed APFT).
Neither JAG nor the IG have the authority to direct the commander to take a specific course of action.
APFT program is the commander's program, and while the commander may (didn't read it, so may not be an option) permit an earlier record APFT, it wouldn't be prudent. If Soldier failed again, there's the issue of Soldier not being provided 90 days.
All that said, your buddy could contact JAG and/or the IG, the APFT failure would still exist, the retest will be 90 days, and the Soldier may have volunteered for unnecessary attention.
Complete the 90 days, pass and increase score, regain promotable status, and move on with an early lesson learned.
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MSG (Join to see)
1SG (Join to see) - Roger that I Corps 2013-2015. Most Soldiers think that going to IG will solve all of their problems. In a lot of cases, it might make it worse. haha
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If he failed a PT test, the Commander can initiate the flag even if it is late.
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Advise your friend to simply "stay in his lane" and allow the CoC to do their thing. He is very fortunate to have a full 90 days until the next record APFT.
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