[§124A-103]  Restoration.  (a)  Undersuch rules as the governor may adopt, all rights, privileges, and propertyaffected by an executed part of a court-martial sentence which has been setaside or disapproved, except an executed dismissal or discharge, shall berestored unless a new trial or rehearing is ordered and such executed part isincluded in a sentence imposed upon a new trial or rehearing.

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

(c)  If a previously executed sentence ofdismissal is not imposed on a new trial, the governor shall substitute therefora form of discharge authorized for administrative issue, and the commissionedofficer dismissed by that sentence may be reappointed by the governor alone tosuch commissioned grade and with such rank as in the opinion of the governorthat former officer would have attained had the former officer not beendismissed.  The reappointment of such a former officer may be made if aposition vacancy is available under applicable tables of organization.  Alltime between the dismissal and reappointment shall be considered as service forall purposes, including the right to pay and allowances. [L 1982, c 171, pt of§2; gen ch 1985]