Sec. 27-213. Restoration of rights and property after sentence set aside or disapproved. Different form of discharge after new trial. Reappointment of officer after new trial.
Sec. 27-213. Restoration of rights and property after sentence set aside or disapproved. Different form of discharge after new trial. Reappointment of officer
after new trial. (a) Under such regulations as the Governor may prescribe, all rights,
privileges, and property affected by an executed part of a court-martial sentence which
has been set aside or disapproved, except an executed dismissal or discharge, shall be
restored unless a new trial or rehearing is ordered and such executed part is included in
a sentence imposed upon a new trial or rehearing.
(b) If a previously executed sentence of dishonorable or bad-conduct discharge is
not imposed on a new trial, the Governor shall substitute therefor a form of discharge
authorized for administrative issuance unless the accused is to serve out the remainder
of his enlistment.
(c) If a previously executed sentence of dismissal is not imposed on a new trial, the
Governor shall substitute therefor a form of discharge authorized for administrative
issue, and the commissioned officer dismissed by that sentence may be reappointed by
the Governor alone 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 if a position vacancy is available
under applicable tables of organization. All time between the dismissal and reappointment shall be considered as service for all purposes.
(1967, P.A. 717, S. 73.)