Sec. 27-143. Dismissal of commissioned officer.
Sec. 27-143. Dismissal of commissioned officer. (a) If any commissioned officer,
dismissed by order of the Governor, makes a written application for trial by court-martial, setting forth, under oath, that he has been wrongfully dismissed, the Governor,
as soon as practicable, shall convene a general court-martial to try that officer on the
charges on which he was dismissed. A court-martial so convened has jurisdiction to try
the dismissed 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. The court-martial may, as part of its sentence, adjudge the affirmance of the
dismissal, 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 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) 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 rank as, in the
opinion of the Governor, that former officer would have attained had he not been dismissed. The reappointment of such a former officer may be made only if a vacancy is
available under applicable tables of organization. All time between the dismissal and
the reappointment shall be considered as actual service for all purposes, including the
right to pay and allowances.
(d) If an officer is discharged from the organized militia by administrative action
or by board proceedings under law, or is dropped from the rolls by order of the Governor,
he has no right to trial under this section.
(1967, P.A. 717, S. 3; P.A. 89-221, S. 1.)
History: P.A. 89-221 amended Subsec. (c) to add "including the right to pay and allowances".