What can I do if I have been flagged for adverse action but I'm not sure why?

2019-03-12T15:32:37-04:00

I was flagged for adverse action. I haven’t been counseled or read an article 15. I work in the s1 shop and there’s no flags in the files for me. No one on the floor flagged me so it was my OIC. My commander and OIC often do things under the table without the correct documentation.

I posted before that I was being recommended for chapter after failing my second APFT. The second APFT by regulation isn’t supposed to count but they are still pushing the chapter. I’ve reached out to everyone I could and they’ve reached out to my commander to tell them that the chapter would not go through but they’re still pushing it. Ever since then they have been tormenting me, cancelling my baby appointments to attend SFL TAP, cancelling my behavioral health appointments (to deal with this stressful situation) no authoritzing my BAH to move out of the barracks and now I have a random adverse action flag. I’m not sure what to do next I’ve been to IG countless times. I’ve been to legal, I’ve been to my CSM. Everytime I post here I here “suck it up” or “stop crying” but I honestly feel like I am being mistreated. Soldiers in my company have had BOTH DUI’s and failed drug tests and that soldier is still in the army. One got in trouble for adultery and failed drug test, another got arrested for domestic violence, purposely hit someone with a car, committed adultery, lied about rape, article 15 for lying about going to pt to the 1SG and they are not kicking any of these soldiers out.
I promise there are no underlying issues with me only
The fact that I’m trying to defend myself and I’m doing it respectfully.

Response by SGT(P) Daniel McBride made Mar 12 at 2019 3:35 PM

2019-03-12T15:35:13-04:00

They have the freedom to bar you at anytime. Now as far as actual punishment, you do have to be counseled. I'd definitely reach out to IG or JAG.

Response by SFC Melvin Brandenburg made Mar 12 at 2019 3:39 PM

2019-03-12T15:39:22-04:00

I would challenge it and if you don't get an adequate answer/counseling from them then start working up the chain of command so that you have the opportunity to either resolve the issue or figure out what you need to improve.

Response by CPT Private RallyPoint Member made Mar 12 at 2019 3:45 PM

2019-03-12T15:45:22-04:00

IG and or JAG. If you already have do so again. DOCUMENT everything. I mean keep an electric journal and document every cancelled appointment, every change in status..etc.

Response by MSG Private RallyPoint Member made Mar 12 at 2019 3:45 PM

2019-03-12T15:45:59-04:00

If there is an APFT chapter pending, and there are no counselings about it, plus what ever other documents are missing (and it sounds like there may be missing documents), Legal is going to kick that packet back down. It will be rejected. Of course, your unit will just restart it. Also, just because your command cancelled your behavioral health appointments doesn't mean you can't do an unannounced visit to express your stress. If, at each level higher you go and there is no resolve, then keep going higher.

Response by 1SG Private RallyPoint Member made Mar 12 at 2019 4:51 PM

2019-03-12T16:51:53-04:00

According to your previous post, the second APFT failure did count; the failure of the first APFT failure would have led to a flag; and, initiation of the chapter would also have resulted in a flag. It was recommended that you ask the BN CDR for the opportunity to take another APFT. Did you?
You're not being picked on, and what anyone else has done isn't relevant to your situation.

Response by Capt Daniel Goodman made Mar 12 at 2019 4:53 PM

2019-03-12T16:53:11-04:00

Honestly, and this is just purely a suggestion, of course, go see the chaplains at your installation...I frequently suggest that on here for such circumstances as yours, for myriad reasons...chaplains, generally, or clerics in general, are often exposed to doing a good deal of what essentially amounts to social work...plus, they can often handle things in instances like yours where other more typical approaches might frequently not work...they can always run it up their chaplain command chain as well, possibly, I should think, if they're not getting what they deem to me adequate answers...of course, I could well be wrong, however, I honestly think there'd be nothing for you to lose in trying such an approach, if you get anywhere, or have any thoughts, I'd by all means be most eager to know, and/or hear them, of course, anytime. Likewise if you'd care to chat at all about my notion at all, as well...as I'd said, just a thought, honest, for whatever it might be worth, OK?

Response by SFC Private RallyPoint Member made Mar 12 at 2019 6:54 PM

2019-03-12T18:54:55-04:00

I would recommend, like other leaders have suggested, speak with the IG. But you MUST have documented proof to your allegations of wrong doing. While you point out other wrongs, you may not be aware of the consequences. Although being in the S1, I find that hard to believe. It is your right to know what the flagging action is for. If it's for failing your APFT a counseling statement should have been done. Any flagging action requires that the Soldier know and understand the why, what, and where. The Leader is also responsible to follow up to eventually lift the flag. Unfortunately, many leaders forget the basics. Mentorship has gone to the wayside. IF your unit is as bad as you say, use your open door policy to speak with the CSM/SGM of your higher echelon. IF that does not work, file a Congressional. The type of behavior going on in your unit, as you describe it, needs to be known. Soldiers and those leaders ignoring that type of horrible behavior needs to be punished. For any Leader to say "Suck it up" is wrong. While we are on this to mentor Soldiers and allow Soldier to ask questions, we as leaders, are not here to criticize. We can suggest an action based on what you are stating. If you need to talk, DM me.

Response by SSG Robert Perrotto made Mar 12 at 2019 7:04 PM

2019-03-12T19:04:37-04:00

well - I am going to be that NCO, You failed an APFT, had you not failed the APFT, you would not be in the predicament you are in now. Second, the regulations state that the second test is to be administered within 90 days by agreement between you and command, but NOT to exceed 90 days. so, if that 90 day window was closing, you HAD to take the APFT for record whether you agree or not. Third, the day you failed your APFT, a flag and a chapter packet would have occurred.

So, while I have empathy and sympathy for your situation, I cannot but say, this is a problem that you created.

Response by SSG Kasius McCall made Mar 12 at 2019 9:33 PM

2019-03-12T21:33:09-04:00

If you didnt do anything, like you say, S1 will conduct their monthly audit. When they do, all flags that are erroneous will come off. Flags placed by accident, flags placed under the table, flags without proper paperwork, etc...

Response by SFC Casey O'Mally made Mar 12 at 2019 10:32 PM

2019-03-12T22:32:29-04:00

You said you are being chaptered. However erroneous you may believe that chapter to be, you are being chaptered. A chapter is an adverse action.......you have an adverse action flag. You don't know why????? It has been too long since I prepared flags for my CDR, and I am far too lazy to go looking them up. It may be that this is the WRONG flag for a chapter.... but I am guessing that is the reason.

Response by SFC Private RallyPoint Member made Mar 13 at 2019 9:01 AM

2019-03-13T09:01:45-04:00

As stated in previous comments, have you talked to IG yet? Where is your supervisor while all of this is going on? I’m definitely confused on how your command is able to cancel an appointment for your child. Also, why are you in the barracks and not receiving BAH for your child?

Response by 1SG Private RallyPoint Member made Mar 13 at 2019 10:16 AM

2019-03-13T10:16:56-04:00

Take a breath and a long step back.
You have something more important to deal with, as you alluded to as the reason for the invalidated 2d APFT. The health of that pregnancy is more important than unit drama.
Being Flagged is your reality until you are able to take a record APFT again, in like 9 months. Set that aside, because the flavor of the FLAG is less important than the reason why.
Take care of you. Stay active and healthy and set yourself up for success when you come off profile. Show them up for being down on you, because you are better than that.

One more thing that I'd be remiss for not mentioning. You are in a position of trust in the S-1 shop and as such might be privy to some of the dirty laundry you mention in the original post. SHUT THE F--- UP ABOUT OTHER PEOPLE'S BUSINESS!!!. This is a surefire way to get yourself in real trouble, and they would be right to do so. What About XXX does not work in the Army; do not attempt it.
Asking the forum for advice is a good idea.
Putting your unit's ass out on the internet is not a good idea.

So closed circuit from a former S-1 NCO to a current S-1 troop, don't do that.

Response by SGM Bill Frazer made Mar 13 at 2019 10:35 AM

2019-03-13T10:35:06-04:00

BS- 1. If you are flagged, there will be a reason, and if you work in S! it must be in your files. 2. Commanders authorize BAH, right know (until the baby is close to due date) they DO NOT have to authorize BAH. 3. Ok lawyer, who say the 2nd APFT doesn't count? Until you get that resolved, you may have a problem.4. If these things are causing you to seek help now, then a baby will probably make you a basket case. 5. If you have been to the JAG and IG, and nothing has been fixed, done they must be right and you must be wrong. When is happening to others is not your problem, and I doubt a PVT actually knows what is going on in the CoC concerning the punishment/chapter, etc. of others. You should be worrying about your problems.

Response by 1SG Private RallyPoint Member made Mar 13 at 2019 12:38 PM

2019-03-13T12:38:10-04:00

The flag is probably from your first failed APFT. They stay on until the APFT is passed. The code should be on your ERB, look it up in the regs and it will tell you what it's for.
Something to help your frame of mind- stop comparing yourself to anyone else's situations. There are mitigating and extenuating circumstances in every situation and you dont know everything about every situation. As long as you compare yourself to other people situations you will continue to be unhappy and stressed out. Not saying it will solve your problems, bit it's a good start.