40.228. Sentence set aside or disapproved all rights restored, exception --dishonorable or bad-conduct discharge not sustained, effect --dismissal not sustained, effect.
Sentence set aside or disapproved all rights restored, exception--dishonorable or bad-conduct discharge not sustained, effect--dismissal not sustained, effect.
40.228. 1. Under such regulations as the governor mayprescribe, all rights, privileges, and property affected by anexecuted part of a court-martial sentence which has been setaside or disapproved, except an executed dismissal or discharge,shall be restored unless a new trial or rehearing is ordered andsuch executed part is included in a sentence imposed upon a newtrial or rehearing.
2. When a previously executed sentence of dishonorable orbad conduct discharge is not sustained on a new trial, theadjutant general shall substitute therefor a form of dischargeauthorized for administrative issuance unless the accused is toserve out the remainder of his enlistment.
3. When a previously executed sentence of dismissal is notsustained on a new trial, the adjutant general shall substitutetherefor a form of discharge authorized for administrative issue,and the commissioned officer dismissed by that sentence may bereappointed by the governor alone to such commissioned grade andwith such rank as in the opinion of the governor that formerofficer would have attained had that officer not been dismissed.The reappointment of such a former officer may be made if aposition vacancy is available under applicable tables oforganization. All time between the dismissal and reappointmentshall be considered as service for all purposes.
(L. 1984 H.B. 1035 § 75)