Re enlisted for reclassification, will a wrongfully administered flag cause soldier to lose class date?

2018-10-13T17:27:04-04:00

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!

Response by WO1 Private RallyPoint Member made Oct 13 at 2018 6:46 PM

2018-10-13T18:46:27-04:00

This a great question and I believe I have the unfortunate answer that, indeed, with a flag being administered, they could lose that class date. I would STRONGLY suggest going to your unit's Career Counselor on this, though, as I may be incorrect. The reg to reference should be AR 601-280. Good luck to you and this soldier.

Response by SSG Brian G. made Oct 13 at 2018 6:52 PM

2018-10-13T18:52:07-04:00

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.

Response by MAJ Rene De La Rosa made Oct 13 at 2018 7:46 PM

2018-10-13T19:46:39-04:00

Interesting case, to say the least. Hopefully, this Soldier can get their issue settled out and go on to do great things.

Response by SFC Private RallyPoint Member made Oct 13 at 2018 8:06 PM

2018-10-13T20:06:05-04:00

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.

Response by 1SG Private RallyPoint Member made Oct 14 at 2018 6:21 PM

2018-10-14T18:21:27-04:00

Define wrongfully administered flag.
Is the flag related to the Summarized Art 15? If so, how, as the Soldier had the option to demand a Court Martial?
Did the Soldier accept the Summarized Art 15? If so, how do you expect to overcome that, as, again, the Soldier had the option to request a Court Martial?
Or, is this all theoretical?

Response by SFC James Heath made Oct 14 at 2018 8:18 PM

2018-10-14T20:18:06-04:00

As long as the flag is active there are NO personnel actions taken. Plain and simple. If you are dreaming that your flag is lifted, and by some miracle it is, you may get the next class slot. Right now your biggest worries are that you are ineligible for re-enlistment.

Response by MSG William Weatherell made Jun 24 at 2019 12:51 PM

2019-06-24T12:51:07-04:00

UCMJ involved no favorable personnel actions can take place. No fault of the Army he may lose. Nature of his crime and guilt or inocense may disqualified him from job/school i.e. ability to get clearance, needs of the Army will prevail if he stays or booted.