Need help regarding the rules and timelines for a flag initiation?

SPC Private RallyPoint Member — Wed, 19 Feb 2020 14:45:17 -0500

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.

Response by SFC Private RallyPoint Member made Feb 19 at 2020 3:00 PM

SFC Private RallyPoint Member — Wed, 19 Feb 2020 15:00:08 -0500

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.

Response by MSG Gary Eckert made Feb 19 at 2020 3:00 PM

MSG Gary Eckert — Wed, 19 Feb 2020 15:00:37 -0500

If he failed a PT test, the Commander can initiate the flag even if it is late.

Response by 1SG Private RallyPoint Member made Feb 19 at 2020 3:40 PM

1SG Private RallyPoint Member — Wed, 19 Feb 2020 15:40:23 -0500

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.

Response by MSG Private RallyPoint Member made Feb 20 at 2020 1:24 AM

MSG Private RallyPoint Member — Thu, 20 Feb 2020 01:24:25 -0500

Why are you posting this question instead of your buddy? Why are you....or your buddy...not asking your NCOs? Why are you...or your buddy...not googling Army Publishing Directorate? I'm not trying to be a dick, but the time it took you to write/post this question probably took longer than Google-Fuing the regulation. And even longer time than it would take to pass this RFI thru the NCO Support Channel. Or even researching RP for the massive amounts of this very question posted/asked so many damn times (just with different wording) that I have lost count.