Can I fight this flag?

2018-09-25T18:55:33-04:00

So today, as i usually do, i checked my ERB...(somewhat) to my surprise, I was flagged for height and weight failure for a Brigade PT Test for a BLC slot. I took this PT test and did the height and weight on September 7th 2018. I kinda knew i had busted tape..but i had never actually seen proof that i did, nor was i ever counseled stating that i had failed and was being put on the ABCP program. So my squad leader and i waited days for the command to push down paperwork..never happened. So here it is, September 25th and i am just now seeing a flag for Height and weight failure. To add, I lost my promotable status over this also..

So my question is...can they flag me this late in the game? I mean sure, i've read the regulation..but should i be talking with legal.

Response by SSG Dale London made Sep 25 at 2018 7:46 PM

2018-09-25T19:46:17-04:00

The simple answer is yes, they can flag you for failing weight control. You may have a valid IG complaint because they never counselled you but even if you do it won't lift your flag.
The best solution is for you to drop those extra pounds, retest and get the flag lifted because you are back in compliance. As soon as you do your promotable status will be reinstated.
Going to legal would be a waste of your time -- you failed the height/weight standards - no contest. The flag is valid.

Response by 1SG Private RallyPoint Member made Sep 25 at 2018 8:23 PM

2018-09-25T20:23:42-04:00

There are several issues with the situation. At a minimum you should have been counseled for failing the body fat assessment and your NCO should have not just waited for the body fat worksheet, but should have requested it and sought it out. Additionally, if you plan to contact another agency, whether it be legal or IG, what is the outcome you are seeking? In short, are you currently in tolerance if you were administered another body fat assessment? With your stated scenario, this “can” be an erroneous flag, but if you are still out of tolerance than any fight on your portion will likely result in another failed taping.. hope this helps.

Response by SFC Private RallyPoint Member made Sep 25 at 2018 9:00 PM

2018-09-25T21:00:44-04:00

You are lucky that they did flag you. They actually worked in your benefit. Had you not been flagged, you would have carried on to basic leader course, and failed height and weight. Then you would have Ben mandatorily barred from re-enlistment, received a negative 1059, and it probably would have taken you longer yet another basic leader course date then it will take for you simply having a flag.

Response by SSG Laurie Mullen made Sep 26 at 2018 1:58 AM

2018-09-26T01:58:37-04:00

If you REALLY want to attend the course and get promoted you are going to have to put in extra time into your workouts. When I was in Germany I was able to go to the gym during lunch and get in a short workout and then after work I was back in the gym. The idea was to keep my metabolism up during the day. When I was at BNCOC I had to workout after we were released for the night and I hit the rowing machine on the weekends. Good luck and once you come into compliance, stay in compliance. It's harder to get back into shape than to stay in shape.

Response by SGM Private RallyPoint Member made Sep 29 at 2018 11:38 AM

2018-09-29T11:38:11-04:00

If you "kinda knew you busted tape" on 7 SEP, then you and your squad leader should have been asking for a copy of that DA 5501 by 10 SEP. Not sure why you didn't see the paperwork while you were getting taped, they should have been filling out the form during the test.
600-9 states that the command has 3 days to initiate that flag and an additional 2 days to notify and counsel you. And there are a few more requirements with time suspenses in Ch 3 of 600-9, you and your squad leader need to read through that table now if you haven't done so.
However that does not negate the validity of the tape test or the flag. Odds are your PSG got notified of this flag in one of 200 emails he got that day.
The simple truth is that there is only one person in the Army responsible for your your career, and that is you. You don't wait for paperwork to get "pushed down", you politely ask for it, whether it is an NCOER, flag, counseling, school reservation or a DA 705.
You have no legal recourse to win a fight on this flag, so it would be a waste of time for you. The time limits to initiate paperwork exist only to ensure they get done quickly, they are not a statute of limitations.
But also, fighting this flag will give the appearance to your peers and superiors that you are trying to avoid meeting HT/WT compliance or trying to buy more time to make weight or tape. And that perception of trying to "get over" will linger long after this issue is resolved.
Meet with a nutritionist, adjust your PT and get in compliance and stay there, because if you fail HT/WT and tape within 12 months of coming off this flag, you get chaptered out of the Army.