[§124A-4]  Dismissal of commissioned
officer.  (a)  If any commissioned officer, dismissed by order of the
governor, makes a written application for trial by court-martial, setting
forth, under oath, that the officer has been wrongfully dismissed, the governor,
as soon as practicable, shall convene a general court-martial to try that
officer on the charges on which the officer was dismissed.  A court-martial so
convened has jurisdiction to try the dismissed officer on those charges, and
the officer shall be considered to have waived the right to plead any statute
of limitations applicable to any offense with which the officer is charged. 
The court-martial may, as part of its sentence, adjudge the affirmance of the
dismissal, but if the court-martial acquits the accused or if the sentence
adjudged, as finally approved or affirmed, does not include dismissal, the
adjutant general shall substitute for the dismissal ordered by the governor a
form of discharge authorized for administrative issue.



(b)  If the governor fails to convene a general
court-martial within six months from the presentation of an application for
trial under this chapter, the adjutant general shall substitute for the
dismissal ordered by the governor a form of discharge authorized for administrative
issue.



(c)  If a discharge is substituted for a
dismissal under this chapter, the governor alone may reappoint the officer of
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 only if a
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.



(d)  If an officer is discharged from the
organized militia by administrative action or by board proceedings under law,
or is dropped from the rolls by order of the governor, the officer has no right
to trial under this section. [L 1982, c 171, pt of §2; gen ch 1985]