Military Adverse Flags - No Longer a Dead Stop

Historically, flags have been symbols meant to catch the eye. The word "flag" is literally mid-evil, possibly derived from the Middle English word "flakken" or to flap or flutter.

The military took it further.....

In the military flags (Army), codes (Navy) and an unfavorable information file and control rosters (Air Force) impose a blanket stop on any favorable action for a service member under investigation.

In the Army, if you are flagged for investigation of any sort, you cannot even go on leave - even for the birth of your own child - as leave is considered a favorable action. Soldiers and defense counsel have long railed against the unfairness of this blanket policy as the military has a way of dragging out UCMJ much longer than is just.

It was with interest that Owens Law learned that the Army had issued a new policy in September 2025 outlining a more lenient policy toward soldiers with an L code (law enforcement investigation) and an M code (misconduct allegation) for minor accusations. ALARACT 096/2025 states commanders may now waive restrictions and grant favorable actions to flagged soldiers.

The new policy makes common sense. If you are under investigation for a minor incident, you can still go to school, take leave, get an award or PCS. As a Defense Counsel, we see it all the time, a client is flagged, the investigation drags on and the client doesn’t get the chance to perform, get good ratings, take a new assignment or go on leave despite not having many duties.

Now, the command can waive the restriction on favorable actions, and, it seems, your counsel can request it on your behalf as well. Refreshingly good policy, we are interested to see how it plays out in practice.

** IRL ** An enlisted client had been flagged for an Article 15 for a petty and ultimately false allegation, which she eventually turned down (and rightly so). However, the flag remained in place for nearly a year while the Army decided to try to take her to court-martial. She was fully acquitted, but in that year, was taken off the promotion list and missed her scheduled PCS. If this policy had been in effect then, her proceedings could have been more just.