Posted on Oct 13, 2018
Re enlisted for reclassification, will a wrongfully administered flag cause soldier to lose class date?
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Reclassification
I can’t seem to find an answer and any help will be appreciated. If a soldier re enlisted for reclassification and has a class date/seat and is given a summarized article 15 will the soldier lose the reclass? Also, if flagged and the article is fought and the flag is found to be wrongfully admistered is the class date still lost? Does this breach the re enlistment contract? It seems to be that flase allegations can lead to the destruction of a soldiers future endeavors. Any help will be much appreciated!
I can’t seem to find an answer and any help will be appreciated. If a soldier re enlisted for reclassification and has a class date/seat and is given a summarized article 15 will the soldier lose the reclass? Also, if flagged and the article is fought and the flag is found to be wrongfully admistered is the class date still lost? Does this breach the re enlistment contract? It seems to be that flase allegations can lead to the destruction of a soldiers future endeavors. Any help will be much appreciated!
Reclass
Article 15
Re-enlistment
Punishment
UCMJ
Posted 6 y ago
Responses: 7
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If the case is closed unfavorably then the SM loses the class seat. If the case is closed favorably then they can get the training seat back if the start date hasn't passed yet. If it has, they will be allowed to renegotiate the contract.
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LTC Jason Mackay
It's summarized, so the max would be 14/14, the end should be swift. He would be flagged IAW 600-8-2, but lifted IAW para 2-9 as soon as the punishment is complete...unless its suspended. Provided he could Start punishment after its read and completes the (assumed) 14/14, he could make the course date unless it's in the middle of the punishment phase.
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SFC (Join to see)
LTC Jason Mackay it's not whether he's available to make the course date, it's whether the flag was closed favorably or unfavorably that decides whether or not he will keep the slot. Plus, if he lost it and it's too close to the class report date he can't be placed on the same class because the class will be in a TDY Enroute to his next PCS and he won't have adequate time to clear.
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LTC Jason Mackay
SFC (Join to see) - not really disagreeing with that. I'm saying it's a summarized and should resolve quickly. The exact timing could derail his school slot.
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A flag is 'no favorable action' so on the one hand yes, the soldier could lose their seat. But on the other hand I am not 100% sure that a flag can affect something that is already happening or even affect a mandated reclassification. That an enlistment thing and part of a locked in contract that the soldier signed and I believe outweighs command authority.
If the flag is found to have been wrongfully applied, and the class is still open then the soldier would retain that seat. If however the class had commenced when the flag was finally resolved and found null the soldier would have to wait for the next class cycle, I believe.
Go to your unit career counselor but also go to your local JAG.
If the flag is found to have been wrongfully applied, and the class is still open then the soldier would retain that seat. If however the class had commenced when the flag was finally resolved and found null the soldier would have to wait for the next class cycle, I believe.
Go to your unit career counselor but also go to your local JAG.
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Interesting case, to say the least. Hopefully, this Soldier can get their issue settled out and go on to do great things.
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