Special Forces Tab Revocation Process

This article is intended to describe the Army Special Forces Tab Revocation Process, which is defined by AR 600-8-22, paragraph 1-32c9(e), AR 614-200, paragraph 10-3m5d, and USASFC(A) Policy Number 43.

The Special Forces (SF) Tab Revocation Process can be initiated for any of the following reasons:

• Upon the SF Members request;
• SF Member has Parachutist Badge revoked;
• Refusal to jump from an aircraft while it is airborne;
• Action that results in withdrawal of SF specialty/branch code prior to completing 36 months of SF duty;
• Medical Disqualification when injury/injuries occurred NOT in the line of duty;
• Loss of Physical Qualifications;
• Conduct, whether resulting in a conviction or not, that demonstrates severe professional misconduct, incompetence, or willful dereliction in the performance of SF duties;
• If administrative elimination/separation is initiated under the provisions of AR 635-200 (Enlisted) or AR 600-8-24 (Officer);
• Conduct inconsistent with the integrity, professionalism, and conduct of an SF Soldier, as determined by the Commander, USAJFKSWCS;
• Loss of Security Clearance;
• Failure to fulfill professional requirements or are found unsuitable;
• Civil Conviction for a felony offense involving moral turpitude or any other conviction for civilian criminal offenses that result in suspended or unsuspended punishments of more than 6 months confinement or a fine in excess of $5,000; or,
• Repeated failure to perform MOS-related or ASI-related duties after counseling and rehabilitative reassignment;

Typically, requests to initiate the Special Forces Tab Revocation Process are completed by the lower level Commanders.  The specific reason/reasons for the proposed tab revocation action will be provided to the SF Member in question, in addition to the supporting documentation/evidence.  This tab revocation notice is often combined with other notices, such as a GOMOR, Article 15, Letter of Concern, Initiation of Separation (Enlisted)/Elimination (Officer), or the intent to issue a referred/relief for cause NCOER/OER.

The Army Special Forces Tab Revocation Process continues by allowing the SF Member to submit a rebuttal, typically within 7-days.  A good rebuttal should directly address the conduct at hand, as well as the SF Member's past service and character. Outside evidence, while not required (i.e. additional statements, text messages, emails, photos, etc.), can make a big difference.  The SF Member's rebuttal, along with the notice and supporting documentation/evidence, is routed through the chain of command to the Commander of U.S. Army John F. Kennedy Special Warfare Center and School (USAJFKSWCS) located at Fort Liberty.

The next step in the Special Forces Tab Revocation Process is action by the Commander of the USAJFKSWCS.  If he disapproves the action, then the SF Member in question will remain in Special Forces and will keep their SF tab.  If he approves the action, then the SF Member can appeal the decision to the Commander of USASOC within 90 days. The SF Member's appeal must be routed through his entire chain of command.  If a Veteran, Retiree, or Next of Kin desires to appeal an SF Tab Revocation Action, then he/she can submit appeals to the Commander of HRC for final action; such appeals must be routed through the Commander of 1st Special Forces Command.  The entire Special Forces Tab Revocation Process is documented on a DA Form 4187, which the SF Member in question should request for his records in the future.

After the appeal is decided, or if no appeal is submitted, the Army Special Forces Tab Revocation Process is completed.  In such situations, the SF Member is considered immediately available (IA), previously called surplus Soldiers. HRC then considers the former SF Member's rank/grade, length of service, and/or availability of training. HRC CAN decide that the former SF Member is not qualified for any MOS, and therefore is given the MOS of 09U.  As soon as an MOS of 09U is assigned, the Soldier in question must either separate or retire between 90 and 270 days.  If at any point during the 270 day time period the Soldier reaches 18 years of active federal service, he is eligible to continue to serve until he reaches 20 years.  There is no additional due process provided for this decision. Any Soldier who has been assigned an MOS of 09U that will not reach 18 years, WILL separate (no discretion is involved). The only way out of this situation is to initiate a medical evaluation board, which will stop the MOS separation action. ALARACT Message 026/2014 contains more information.

The Special Forces Tab Revocation Process has severe consequences. As described above, the process could result in removal from the Army with very little due process. Additionally, the SF tab revocation process is often done in conjunction with other adverse actions (GOMOR, Article 15) and an administrative elimination/separation action that will ultimately result in a separation board or a board of inquiry. The rebuttal to the tab revocation action should be completed by the same lawyer that will ultimately represent the SF member at his/her separation board or board of inquiry. Additionally, if a GOMOR is filed in the SF member's AMHRR, if the SF member is found guilty at an Article 15, or if a bad NCOER is issued, the Army QMP Review Process (explained more at this link) will occur. SF Tab Revocation rebuttals need to be written with these actions in mind, ensuring the best defense possible.

Any SF Member currently in the Special Forces Tab Revocation Process should consult with a lawyer.  While Trial Defense Services (TDS) are available, they are typically inexperienced and overworked. Additionally, TDS does not typically provide the time and attention needed to submit a good rebuttal.  The SF Member can hire a civilian lawyer, which allows him to chose his lawyer based on prior case results and former client testimonials.  No matter who the SF Member chooses to work with, he should demand an experienced lawyer who will review the complete evidence packet, discuss it with the SF Member, help identify and collect additional evidence, and actually draft the rebuttal on behalf of the SF Member.

This Article was written by Attorney Matthew Barry, who has a long history of winning Special Forces Cases.

Contact him today for a free consultation.

Consider this testimonial from a recent SF Client of Attorney Barry:

"15 year E7 with 10 years as a Green Beret facing second failed urinalysis for Anabolic steroids/ GOMOR/ Special Forces Tab revocation/ administrative separation. After a quick consultation with Attorney Matthew Barry, I quickly hired him for representation. He was able to find documents the Government failed to provide, investigate my toxicology report in depth and provide amazing guidance and support throughout the entire process. Due to his efforts, my GOMOR was dissolved, My Special Forces tab was retained, and I was retained at my administrative separation board. More importantly, Attorney Barry was able to prove without a doubt, I never consumed anabolic steroids and all events leading up to the charges, were wiped from my record with ZERO negative side affects towards my career. Attorney Matthew Barry saved my career, my life and my future for both myself and my family. He was straight forward and to the point and his support throughout the process was priceless."