§ 12-64-106 - Dismissal of commissioned officers.
12-64-106. Dismissal of commissioned officers.
(a) (1) If any commissioned officer, dismissed, discharged, or dropped from the rolls by order of the Governor for reason other than sentence of a general court-martial, makes a written application for trial by court-martial, setting forth, under oath, that he has been wrongfully dismissed, discharged, or dropped from the rolls, the Governor, as soon as practicable, shall convene a general court-martial to try that officer on the charges on which he was dismissed, discharged, or dropped.
(2) A court-martial so convened has jurisdiction to try the dismissed, discharged, or dropped officer on those charges; and he shall be considered to have waived the right to plead any statute of limitations applicable to any offense with which he is charged.
(3) The court-martial may, as part of its sentence, adjudge the affirmance of the dismissal, discharge, or dropping from the rolls; but if the court-martial acquits the accused or if the sentence adjudged, as finally approved or affirmed, does not include dismissal, the Adjutant General shall substitute for the dismissal ordered by the Governor a form of discharge authorized for administrative issue.
(b) If the Governor fails to convene a general court-martial within six (6) months from the presentation of an application for trial under this code, the Adjutant General shall substitute for the dismissal ordered by the Governor a form of discharge authorized for administrative issue.
(c) (1) If a discharge is substituted for a dismissal under this code, the Governor alone may reappoint the officer to such commissioned grade and with such a rank as, in the opinion of the Governor, that former officer would have attained had he not been dismissed, discharged, or dropped from the rolls.
(2) The reappointment of such a former officer may be made only if a vacancy is available under applicable tables of organization and the officer meets all qualifications required to obtain federal recognition in the new grade.
(3) All time between the dismissal and the reappointment shall be considered as actual service for all purposes.