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Does failure to counsel in a timely manner make a flag action invalid?
This response is provided based on the information you shared and should not be used as the sole source for making a decision. You should seek guidance from the chain of command, IG, JAG or other certified agencies before making any decisions. How you chose to use this information is totally up to you and is your sole responsibility.
AR 600-8-2 is clear on this issue. Specifically
Failure to counsel within prescribed times does not invalidate the Flag.
The flagging authority, unit commander, or first line supervisor will counsel all Soldiers on active duty, in writing, upon initiation of any Flag within 3 working days unless notification would compromise an ongoing investigation.
AR 600-8-2 paragraph 2–5. Authentication
a. Unless otherwise specified in this regulation, only commanding officers, commandants, an officer/civilian with specific authority to sign “For the Commander” (for example, BN or higher executive officer, deputy commander, or
adjutant), or HQDA general officer principal staff heads or their designee may authenticate a DA Form 268. Failure to counsel within prescribed times does not invalidate the Flag. The Commander, HRC (AHRC–PDV–PS) will authenticate adverse action DA Forms 268 or investigation DA Forms 268 initiated by HQDA
AR 600-8-2 paragraph 2–6. Notification
The flagging authority, unit commander, or first line supervisor will counsel all Soldiers on active duty, in writing, upon initiation of any Flag within 3 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. Soldiers will also be provided a copy of the DA Form 268 when a Flag is removed. Notifications
for HQDA initiated Flag may be delayed to protect against the unintentional early release of a promotion board’s results, but will be made as soon as practicable.
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If I refuse to sign a counseling statement do I still have to do the plan of action?
If i refuse to sign a counseling, do I still have to do the plan of action? read more»
Can I be Counseled and then be giving a modified counseling for the same thing?
This response is based on the information you provided and is not to be used to make a decision. Do your own research, seek guidance from the chain of command, the IG/JAG, and/or a trusted Mentor before making any decisions. read more»
Who Can Counsel A Soldier?
This response is based on the information you provided and is not to be used to make a decision. Do your own research, seek guidance from the chain of command, the IG/JAG, and/or a trusted Mentor before making any decisions. read more»
Where Can I Get A Counseling Statement For FTR?
This is a typical issue to have with Soldiers. We do not typical write custom counseling statements. read more»
Where Can I Find Information About Corrective Training?
The question you raise has always been around. Just keep in mind that corrective training is: read more»
Can a Unit Rewrite Counseling Statements That Are Months Old?
This response is based on the information you provided and is not to be used to make a decision. Do your own research, seek guidance from the chain of command, the IG/JAG, and/or a trusted Mentor before making any decisions.
In my opinion a unit cannot rewrite counseling statements because of mistakes made by the counselor. The document is an official record of what took place and you cannot alter history. The unit could require the counselor to rewrite the documents as corrective training in an effort to improve his/her counseling skills.
If the intent is to have the counseling statements rewritten and signed by the counselee and counselor I do not believe this is legal and the action should be referred to the JAG for a legal opinion.
You may also be interested in this Q&A: Can my squad leader give me a backdated counseling statement?
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