26-1075. Restoration
A. Under such rules as the governor adopts, 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 on
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 a form of discharge
authorized for administrative issuance unless the accused is to serve out the remainder
of this enlistment.
C. If a previously executed sentence of dismissal is not imposed on a new trial,
the adjutant general shall substitute 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 if he had 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 the
reappointment shall be considered as actual service for all purposes.
|