26-1055. Sentences; reduction in enlisted
grade on approval
A. Unless otherwise provided in rules prescribed by the adjutant general, a
court-martial sentence of an enlisted member in a pay grade above E-1, as approved by the
convening authority, that includes a dishonorable or bad conduct discharge, confinement
or hard labor without confinement reduces that member to pay grade E-1, effective on the
date of the approval.
B. If the sentence of a member who is reduced in pay grade under subsection A is
set aside or disapproved, or as finally approved, does not include any punishment named
in subsection A, the rights and privileges of which he was deprived because of the
reduction shall be restored to him and he is entitled to the pay and allowances to which
he would have been entitled for the period the reduction was in effect had he not been so
reduced.
C. A sentence of dismissal or dishonorable discharge shall not be executed until it
is approved by the governor.
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