 At the expiration of his term in February 1865, Hays rejoined the Army of the Potomac at Petersburg and served again in the II Corps, this time commanding the 2nd Division.He was appointed a brevet brigadier general in the regular army on March 13, 1865, for gallant conduct, but on April 6 he was relieved of command for sleeping on duty and thus failing to prepare his troops for departure as they pursued Confederate forces.His brevets were revoked and Brig.