State Codes and Statutes
Statutes > Kansas > Chapter48 > Article29 > Statutes_2070748-2930
48-2930. (KCMJ Art. 75) Restoration.(a) Under such regulations as the governor may prescribe,all rights, privileges and property affected by an executed part of acourt-martial sentence which has been set aside or disapproved, except anexecuted dismissal or discharge, shall be restored unless a new trial orrehearing is ordered and such executed part is included in a sentenceimposed upon the new trial or rehearing.
(b) If a previously executed sentence of dishonorable or bad-conductdischarge is not imposed on a new trial, the adjutant general shallsubstitute therefor a form of discharge authorized for administrativeissuance 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 newtrial, the adjutant general shall substitute therefor a form of dischargeauthorized for administrative issue, and the commissioned officer dismissedby the sentence may be reappointed by the governor alone to suchcommissioned grade and with such rank as in the opinion of the governorthat former officer would have attained had such former officer not beendismissed. The reappointment of such a former officer shall be withoutregard to the existence of a vacancy and shall affect the promotion statusof other officers only insofar as the governor may direct. All time betweenthe dismissal and the reappointment shall be considered as actual servicefor all purposes, including the right to pay and allowances.
History: L. 1988, ch. 191, § 52; July 1.
