[§124A-103]  Restoration.  (a)  Under
such rules as the governor may adopt, 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 a new trial or rehearing.



(b)  If a previously executed sentence of
dishonorable or bad-conduct discharge is not imposed on a new trial, the
governor shall substitute therefor a form of discharge authorized for
administrative issuance unless the accused is to serve out the remainder of the
accused's enlistment.



(c)  If a previously executed sentence of
dismissal is not imposed on a new trial, the governor shall substitute therefor
a form of discharge authorized for administrative issue, and the commissioned
officer dismissed by that 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 the former officer 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 reappointment shall be considered as service for
all purposes, including the right to pay and allowances. [L 1982, c 171, pt of
§2; gen ch 1985]