Posted on Oct 31, 2014
SFC Senior Instructor
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A Soldier is flagged for punishment phase of UCMJ action, but performs an act of valor or meets the criteria for a CAB while the unit is deployed. Should the Soldier be recommended for/receive the award? The underlying question being, should the chain of command put forth the effort to recognize the Soldier for their actions despite the Soldier's previous poor life choices?

AR600-8-2 Ch3 Para1e states a flag prohibits the following:
e. Recommendation for, and receipt of, individual awards and decorations. Exceptions to this policy are outlined in AR 600–8–22.

AR 600-8-22 para 1-17 states:
a. Personal Decorations. A medal will not be awarded or presented to any individual whose entire service subsequent to the time of the distinguished act, achievement, or service has not been honorable. The determination of "honorable" will be based on such honest and faithful service according the standards of conduct, courage, and duty required by law and customs of the service of a member of the grade to whom the standard is applied. Commanders will ensure that—
(1) Individuals on whom favorable personnel actions have been suspended neither are recommended for nor receive awards during the period of the suspension. Exceptions to the above are Soldiers who are flagged for APFT failure, in
accordance with AR 600–8–2.
(2) Other-than-honorable service subsequent to submission of the recommendation for an award is promptly reported to the awards approving authority with a recommendation for appropriate action.
b. Waiver for overweight. As an exception to subparagraph a(1), above, a Soldier who is flagged for overweight may be recommended for and presented an award based on valor, heroism, or for length of service retirement. A waiver of the overweight flag must be processed to the first general officer in the Soldier’s chain of command for approval or disapproval. A waiver for overweight is not required for award of the Purple Heart. Approval or disapproval authority is delegated to the first general officer in the chain of command. Waivers will be processed as separate and distinct actions from the award recommendation, and should be submitted and adjudicated prior to submission of the award recommendation. Approved waivers will accompany the award recommendation once submitted.
c. Badges. A badge will not be awarded to any person who, subsequent to qualification therefore, has been dismissed, dishonorably discharged, or convicted of desertion by court-martial.
Posted in these groups: Us medals AwardsImgres Deployment2dc806a0 Valor
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Responses: 23
SSG General Services Technician And State Vehicle Inspector
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I know what the regulation states but I say yes a service-member should be awarded a medal if it is merited. For example, a Soldier is flagged because of something minor. The same Soldier a month later, still in punishment phase, without regard for his life rescues three children from drowning. Does that Soldier not deserve the Soldier's Medal?
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SSG Jim Foreman
SSG Jim Foreman
>1 y
I agree with SSG Redondo. Any soldier commits an act of valor, whatever his past, should be recognized for it.
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SSG General Services Technician And State Vehicle Inspector
SSG (Join to see)
>1 y
SSG Foreman, exactly.
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PFC It Manager
PFC (Join to see)
>1 y
I really feel that this should happen... I was flagged, but an awesome soldier, and due to that missed out on a LOT of awards and badges... all because I had an overweight flag, mostly because at 6'7" the army expects you to weigh 230... yeah... not happening.
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SFC Airborne Ranger
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I believe that sometimes soldiers acts does not tll the whole story but i will say this whether the soldier was under UCMJ actions and was still allowed to perform his/her job and did it there was enough faith in that same soldier why should it become an issue about the award and you can still go forth with any actions of the UCMJ actions, I will say this if you were captured or injured in combat and that soldier saved your life would you say no cause your under UCMJ Action?
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LTC Yinon Weiss
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In my opinion, the individual should receive what they earn. Even the regulation appears to give the situation flexibility, as AR 600-8-22 appears to say that the barring of an award only applies to "...any individual whose entire service... has not been honorable." It doesn't say just anybody who is currently flagged. There are not many service members who have had an "entire service" record be dishonorable.

In short, it doesn't seem to make sense that being flagged would prevent somebody from receiving an award they deserved. I think the bigger question is whether or not they really deserved it.
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SFC Senior Instructor
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Sir, I think the other half is that once it's determined that the Soldier does deserve the award, is the chain of command willing to support the Soldier being recognized. More and more I am seeing leaders who are satisfied to take no for an answer or who will gladly use an antiquated regulation to get out of work. The scenario I gave above is one example. Another is with Evaluation reports. I have seen good leaders get looked over for promotion because their supervisors did not want to write an ER because the rated period was 80-89 days and by regulation they did not have to (and did not provide letters of input). This ended up with the rated individuals not having ER in the system for the board/HRC to review and ultimately these leaders were not selected for advancement.
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CW4 Lenny Snook
CW4 Lenny Snook
>1 y
I have too agree with the Colonel. Depending on the offense.
A flagging action suspends any favorable actions against the Soldier. The Commander has the ability to lift a glad for favorable actions such as flagged for APFT but should not lift if flagged for DUI or drug offense.
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LTC Chief Of Public Affairs And Protocol
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If they have performed a valorous act, recognize and decorate them. Sometimes regulations can be absurd. This would be an example.
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SFC Senior Instructor
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Sir, I completely agree. In that case, would it not make more sense to update/change the regulation? I often tell my PSGs that if we spend as much effort trying to get out of taskings as we would if we just got the job done, we are doing it wrong. Instead of forcing leaders to find loopholes in the vastness of an Army regulation, why not write an update that provides clarity and addresses current situations in the Army? A perfect example I can think of is the recent update of AR 670-1.
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