Legal Question in Military Law in Texas

Temporary uplift FLAGG
I am a Jr. grade officer in the Army Reserves currently on active duty. I was flagged, due to CID initiating an investigation on me for alledgely receiving unauthorized flight pay (over paid flight pay DFAS error) and misrepresentaion of military awards on my DA Photo. I was selected for promotion for the next higher grade prior to the investigation being conducted. My specific question is whether the flagg can be temporaily lifted so a I can be promoted. I know I am innocent of this frivolous investigation and this investigation has been open for over 5 months. I have not been formerly charge of any crime. I am only being investigated for fraud and misrepresentation. Shouldn't I be presumed innocent until charged or proven guilty? And if so, why should the flagg affect my promotion. This seems like a form of punishment. What can I legally do legally or administratively to temporarily uplift the flagg

Asked on 6/14/09, 9:19 pm

Philip D. Cave Military Law & Justice

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Re: Temporary uplift FLAGG

Your flag will not be lifted until action is complete on the allegations.

My colleagues and I have a lot of these type of cases ongoing right now with the Army.

Answered on 6/14/09, 10:14 pm

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