Army Flagging Rules

This Article is meant to address Army Flagging Rules, in accordance with Army Regulation 600-8-2.

A flag in the Army is initiated using DA Form 268.

Army flagging rules prohibit a Soldier who is flagged to receive any favorable actions, such as:

• Receiving an award
• Reenlisting
• Reassignment (exceptions apply)
• Appearance before some promotion boards
• Promotion
• Attendance at Military or Civilian Schools (exceptions apply)
• Receiving Tuition Assistance
• Unqualified Retirements/Resignations/Discharges
• Assumption of Command
• Advance or excess leave

In accordance with Army Flagging Rules, there are two types of flags: transferable flags and nontransferable flags.

A transferable flag is one that allows a Soldier to be transferred to another unit

A nontransferable flag is one that does not allow a Soldier to be transferred to another unit, without an exception to policy.

In accordance with Army flagging rules, the following nontransferable flags are required to be initiated (most common):

• Flag Code A (Adverse Actions) upon: initiation of Article 15/court-martial/GOMOR/letter of concern/grade reduction
• Flag Code B (Involuntary Separation/Discharge) upon: initiation of involuntary separation (enlisted) or elimination (officers)
• Flag Code D (Referred Evaluation Reports) upon: initiation of a referred OER or NCOER
• Flag Code E (Security Violations) upon: HQDA initiation for reasonable belief of an individuals inability to protect classified information
• Flag Code F (Delay of Promotion or School Selection) upon: HQDA initiation for delay in promotion or school selection
• Flag Code L: (Commander's Investigation) upon: a Soldier being a subject of a 15-6 investigation
• Flag Code M: (Law Enforcement Investigation) upon: a Soldier being a subject of a CID investigation, MP investigation, or Civilian Law Enforcement Agency Investigation
• Flag Code Q (Lautenberg Amendment) upon: a Soldier having a qualifying conviction under the Domestic Violence Amendment to the Gun Control Act of 1968
• Flag Code S (No approved family care plan) upon: a Soldier not providing an adequate family care plan, in accordance with AR 600-20
• Flag Code U (Drug abuse adverse action) upon: initiation of any proceedings under Army Regulations or the UCMJ relating to drug offenses
• Flag Code V (Alcohol abuse adverse action) upon: initiation of any proceedings under Army Regulations or the UCMJ relating to alcohol consumption
• Flag Code W (Involutory Separation of Discharge) upon: HQDA initiation for Soldiers pending involuntary separation

In accordance with Army flagging rules, the following transferable flags are required to be initiated (most common):

• Flag Code H (Punishment Phase): upon actions resulting from a court-martial or article 15
• Flag Code J (Army Physical or Combat Fitness Test Failure): upon failure of ACFT
• Flag Code K (Noncompliance with Army Body Composition Program): upon noncompliance with AR 600-9

Army flagging rules allow back-dating of flags. More specifically, flags typically date back to the conduct in question that require a flag. For example, if a Soldier gets arrested for a DUI on 01 January 2024, and the Command discovers the arrest on 15 May 2024, the correct "adverse action" flag date is 01 January 2024.

Army flagging rules require a Commander or Supervisor to counsel a Soldier, in writing, about a flag, within 3 working days of initiation unless doing so would compromise an active investigation.

Army flagging rules require removal of a flag under the following circumstances (most common):

• When a Soldier is found not guilty or punishment is completed, regarding a Court-Martial or Article 15
• When an investigation is concluded and adverse action is pending or the Soldier has been cleared
• When a GOMOR or other letter of reprimand is filed
• When a Soldier facing separation is assigned to the transition point
• When an OER/NCOER is filed in the AMHRR/OMPF
• When a Promotion is sustained or not
• When a Soldier passes an ACFT
• When a Soldier is in compliance with the ABCP
• When a Family Care Plan is approved

Army flagging rules can be very disruptive to a Soldier's life and career.  Any Soldier who is flagged should immediately consult with an experienced Military Defense Lawyer. While Trial Defense Services (TDS) and Legal Assistance are available, they are often inexperienced, overworked, and disinterested.  Soldiers can hire a Civilian Attorney to assist, which allows him/her to chose a lawyer with a proven track record of success and high-quality former client reviews.

This article was written by Attorney Matthew Barry, an experienced Military Defense Attorney who is highly rated by his former clients.

Attorney Barry has offices on the East Coast, West Coast, and the Central United States. Attorney Barry and his team will travel to any installation, worldwide, to represent a Servicemember accused of misconduct. He represents Soldiers in the Army all over the world.

Contact him today for a free consultation.