Purpose of Counseling
Event-oriented: Inform SGT F of Flag action
Key Points of Discussion
The purpose of this counseling is not to assign blame, serve as punishment or document improper behavior. Its sole purpose is to notify you of a personnel Flag action and its possible consequences.
On 11 Mar 2015 you were flagged by the Commander due to pending charges of an improper relationship and suspected sexual contact with a minor. A Flag is the temporary suspension of favorable personnel actions such as promotions or special duty assignments. The Flag will remain in effect until the investigation has been completed and the issue has been resolved or adverse action completed. The DA Form 268 which initiated the Flag is attached.
2-1. General policy
a. The purpose of a Flag is to prevent and/or preclude:
(1) Execution of favorable actions to a Soldier who may be in an unfavorable status (not in good standing).
(2) Movement of a Soldier when it is in the best interests of the Army for the Soldier to remain in his or her current unit or at his or her current location until cleared of ongoing actions.
2-4. The effective date of a Flag, unless otherwise specified in this regulation, will be the date that the circumstance(s) requiring the Flag occurred, not the date the Flag was initiated (for example, if the circumstance occurred on the 25th of March, but the Flag was not initiated until the 3d of April, the effective date of the Flag would still be the 25th of March).
The flagging authority, unit commander, or first line supervisor will counsel all Soldiers on active duty, in writing, upon initiation of any Flag within 2 working days unless notification would compromise an ongoing investigation. Soldiers not on active duty will be counseled regarding initiation of a Flag prior to the conclusion of the first training period following the date the Flag was initiated. Counseling should include reason for the Flag, requirement for Flag removal, and action prohibited by the Flag. All flagged Soldiers will be provided a copy of the DA Form 268 when the Flag is initiated and when it is removed.
3-1. Actions prohibited by a Flag.
A properly imposed Flag prohibits the following personnel actions unless otherwise specified in this regulation:
a. Appointment, reappointment, reenlistment, or extension unless authorized by AR 601-280, AR 135-180, AR 135-205, or AR 140-111.
b. Reassignment with the following exceptions (see para 2-8 for additional guidance).
c. Appearance before a semi-centralized promotion board (AR 600-8-19).
d. Promotions in grade, lateral appointments, and frocking (AR 600-8-19, AR 600-8-29, and AR 135-155).
e. Recommendation for, and receipt of, individual awards and decorations. Exceptions to this policy are outlined in AR 600-8-22.
f. Attendance at military or civilian schools. The waiver approval authority for attendance at military or civilian schools is the DCS, G-3/5/7 (DAMO-TR).
(1) For enlisted Soldiers, military schools include, but are not limited to, Noncommissioned Officer Education System courses and functional area and skill qualification training. This does not include basic combat training, advanced individual training, and on-station unit training.
g. Unqualified resignation, retirement, or discharge (AR 635-200 and AR 600-8-24).
h. Advance or excess leave, unless granted as an exception to policy by commanders in accordance with AR 600-8-10.
i. Payment of enlistment bonus or selective reenlistment bonus (AR 601-280). USAR Soldiers will not be processed for initial or anniversary payments while flagged except as authorized by AR 601-210.
3-2. Retention beyond expiration of terms of service or mandatory retirement date.
Soldiers will not be retained beyond their normal ETS, ESA, maximum years of service, or mandatory retirement date/mandatory release date solely because they are flagged. For Soldiers who are flagged and whose cases cannot be completed prior to separation, retention must be in accordance with AR 27-10, AR 600-8-24, AR 635-200, or AR 140-30.
Plan of Action
I have informed SGT Fuentes of the consequences of the Flag action. He will avoid contact with the subject of this investigation. He will continue his duties as scheduled and will inform the chain of command of any necessary legal appointments.
In summary, this action is temporary but necessary. Focus on your duties and make a strong effort to avoid alcohol and establishments that serve alcohol.
Legal actions can be very stressful. If you need to talk about it, my and MSG Reynold's office is always open. In addition, I recommend the Family Advocacy office or the Chaplain if you prefer talking to someone outside our organization.
The original DA Form 268 and supporting documentation will be maintained by the orderly room for one year. Only those with a need to know will be informed of its existence. A person has a need to know only if he or she must have access to knowledge, or possession of the Flag, in order to perform official duties. Flag information will support the Health Promotion, Risk Reduction, and Suicide Prevention policy for information sharing described in AR 600-63 and DA Pam 600-24.
I will respect the private nature of this action and will only discuss it with someone who has a need to know. No one in this unit has a need to know except for the Commander and those necessary to process the action.
I will notify the subject in a timely manner if there are any changes to this administrative action.
SGT F was cleared of any wrong doing.