Section 130.72-A. Restoration  


Latest version.
  • (a) Under such regulations as the adjutant
      general 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 the new trial or rehearing.
        (b)  If  a previously executed sentence of dishonorable or bad-conduct
      discharge is not imposed on a new  trial,  the  adjutant  general  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  adjutant  general  shall substitute therefor a form of
      discharge authorized for  administrative  issue,  and  the  commissioned
      officer  dismissed  by  the  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  shall  be
      consistent with federal regulations.