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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