Posted on Jul 27, 2014
Under what circumstances can an issued DD214 be revoked?
44K
6
5
1
1
0
First, thank you all for your time. I was scheduled to separate from the US Army, on 30 July 2014. I accomplished all of my unit and instillation clearance paperwork, and accomplished ACAP, and finance update my pay, so that I will not receive Active Duty pay in August or any month there after. I received my DD214 member 4, on 15 July 2014, and was cleared to take terminal leave. On July 23rd my command provided me with a copy of revocation orders for my separation. Under what circumstances can the US Army revoke my already filed Department of Defense Form 214, ending my term of service on the 30th of July?
It all sounds incredibly suspicious to me, as I understand that the Department of Defence is the higher command to the Department of the Army. Also, I have zero reserve obligation, and was separated for medical reasons incurred during combat. Is this even legal?
It all sounds incredibly suspicious to me, as I understand that the Department of Defence is the higher command to the Department of the Army. Also, I have zero reserve obligation, and was separated for medical reasons incurred during combat. Is this even legal?
Posted >1 y ago
Responses: 2
(1)
(0)
CPT Jack Norris
From what I have gathered, at this time three conditions must be met, for a discharge to be considered complete:
1) there must be a delivery of a valid discharge certificate (i.e. DD214)
2) there must be a final accounting of pay made—an explict command set forth by Congress in 10 U.S.C. § 1168(a)—whereby final pay, or a substantial portion thereof is made ready for delivery to the service member.
3) the “clearing” process required under appropriate service regulations to separate him from military service must have been accomplished.
Therefor, the following questions apply, and if the answer is yes to all questions, then the discharge has been completed:
Did you receive your discharge paperwork?
Did you receive your final pay?
Did you fully complete the clearing process?
1) there must be a delivery of a valid discharge certificate (i.e. DD214)
2) there must be a final accounting of pay made—an explict command set forth by Congress in 10 U.S.C. § 1168(a)—whereby final pay, or a substantial portion thereof is made ready for delivery to the service member.
3) the “clearing” process required under appropriate service regulations to separate him from military service must have been accomplished.
Therefor, the following questions apply, and if the answer is yes to all questions, then the discharge has been completed:
Did you receive your discharge paperwork?
Did you receive your final pay?
Did you fully complete the clearing process?
(0)
(0)
Jack, sorry for your troubles. The article was a great read but hope it does not apply to you. Being called back to duty vice a revocation of your DD214 are two different things. If you were called back to command (highly unlikely) it would be temporary based on a particular mission set. The revocation would be for something similar to Airman Hart or because your paper work was filed erroneously. Your legal office should be all over this. Good luck!
(0)
(0)
CPT Jack Norris
TM MSG, from my understanding it should all be completed relatively soon—honest assessment, after the holidays. Thank you for the support!
(0)
(0)
Read This Next