<br><br>35.355 Restoration of rights, privileges and property affected by sentence which is <br>set aside or disapproved. <br>(1) Under such regulations as may be prescribed pursuant to this chapter, all rights, <br>privileges, and property affected by an executed portion of a court-martial sentence <br>which has been set aside or disapproved, except an executed dismissal or discharge, <br>shall be restored unless a new trial or rehearing is ordered and such executed <br>portion is included in a sentence imposed upon the new trial or rehearing. <br>(2) Where a previously executed sentence of dishonorable or other punitive discharge is <br>not imposed on a new trial, the Governor shall substitute therefor a form of <br>discharge authorized for administrative issuance unless the accused is to serve out <br>the remainder of his enlistment. <br>(3) Where a previously executed sentence of dismissal is not sustained on a new trial, <br>the adjutant general shall substitute therefor a form of discharge authorized for <br>administrative issuance and the officer dismissed by such sentence may be <br>reappointed by the Governor, only, to such commissioned rank and precedence as in <br>the opinion of the Governor such former officer would have attained had he not <br>been dismissed. The reappointment of such a former officer may be made provided <br>a position vacancy is available under applicable tables of organization. All time <br>between the dismissal and such reappointment shall be considered as service for all <br>purposes. <br>History: Amended 1970 Ky. Acts ch. 56, sec. 50. -- Created 1954 Ky. Acts ch. 99, <br>sec. 70, effective July 1, 1954. <br><br>