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

(b)  If the governor fails to convene a generalcourt-martial within six months from the presentation of an application fortrial under this chapter, the adjutant general shall substitute for thedismissal ordered by the governor a form of discharge authorized for administrativeissue.

(c)  If a discharge is substituted for adismissal under this chapter, the governor alone may reappoint the officer ofsuch commissioned grade and with such rank as, in the opinion of the governor,that former officer would have attained had the former officer not beendismissed.  The reappointment of such a former officer may be made only if avacancy is available under applicable tables of organization.  All time betweenthe dismissal and the reappointment shall be considered as actual service forall purposes.

(d)  If an officer is discharged from theorganized 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 rightto trial under this section. [L 1982, c 171, pt of §2; gen ch 1985]