Section 130.4. Discharge of commissioned officers

(a) When any officer,
  discharged by order of the governor for  absence  without  leave  for  a
  period of three months or more pursuant to section seventy-eight of this
  chapter, makes a written application for trial by court-martial, setting
  forth  under  oath  that he has been wrongfully discharged, the adjutant
  general, as soon as practicable, shall convene a  general  court-martial
  to  try  such  officer  on  the  charges  on  which he was discharged. A
  court-martial so convened shall have jurisdiction to try the  discharged
  officer  on  such charges, and he shall be held to have waived the right
  to plead any statute of limitations applicable to the offense with which
  he is charged. The court-martial may, as part of its  sentence,  adjudge
  the  affirmance  of  the discharge, but if the court-martial acquits the
  accused or if the sentence adjudged, as finally  approved  or  affirmed,
  does  not  include  discharge, the adjutant general shall substitute for
  the discharge ordered by the governor a form of discharge authorized for
  administrative issuance.
    (b) If the adjutant general fails to convene a  general  court-martial
  within  six  months  from  the  presentation of an application for trial
  under this article,  the  adjutant  general  shall  substitute  for  the
  discharge  ordered  by  the  governor a form of discharge authorized for
  administrative issuance.
    (c) Where an administrative discharge is substituted for  a  dismissal
  or discharge under the authority of this article, the governor alone may
  reappoint the officer to such commissioned rank and precedence as in the
  opinion  of  the governor such former officer would have attained had he
  not been dismissed or discharged. The reappointment  of  such  a  former
  officer  may  be  made  provided  a  position vacancy is available under
  applicable tables of organization. All time  between  the  dismissal  or
  discharge  and such reappointment shall be considered as service for all
  purposes.
    (d) When an officer  is  discharged  from  the  organized  militia  by
  administrative  action  or  by  board  proceedings  pursuant to sections
  seventy-five and seventy-six of this chapter  or  is  dropped  from  the
  rolls  by  the  senate on the recommendation of the governor pursuant to
  section eighty of this chapter, there shall not  be  a  right  to  trial
  under this section.