§ 30-13-4 Court-martial of dismissedofficer. – (a) If any commissioned officer, dismissed by order of the governor, makes awritten application for trial by court-martial, setting forth, under oath, thathe or she has been wrongfully dismissed, the governor, as soon as practicable,shall convene a general court-martial to try that officer on charges on whichthe he or she was dismissed. A court-martial so convened has jurisdiction totry the dismissed officer on those charges, and the officer shall be consideredto have waived the right to plead any statute of limitations applicable to anyoffense with which he or she is charged. The court-martial may, as part of itssentence, adjudge the affirmance of the dismissal, but if the court-martialacquits the accused or if the sentence adjudged, as finally approved oraffirmed, does not include dismissal, the chief of staff to the governor shallsubstitute for the dismissal ordered by the governor a form of dischargeauthorized for administrative issue.
(b) If the governor fails to convene a general court-martialwithin six (6) months from the presentation of an application for trial underthis code, the chief of staff to the governor shall substitute for thedismissal ordered by the governor a form of discharge authorized foradministrative issue.
(c) If a discharge is substituted for a dismissal under thiscode, the governor alone may reappoint the officer to such a commissioned gradeand with such rank as, in the opinion of the governor, that former officerwould have attained had he or she not been dismissed. The reappointment of aformer officer may be made only if a vacancy is available under applicabletables of organization. All time between the dismissal and the reappointmentshall be considered as actual service for all purposes.
(d) If an officer is discharged from the organized militia byadministrative action or by board proceedings under law, or is dropped from therolls by order of the governor, he or she has no right to trial under thissection.
§ 30-13-4 Court-martial of dismissedofficer. – (a) If any commissioned officer, dismissed by order of the governor, makes awritten application for trial by court-martial, setting forth, under oath, thathe or she has been wrongfully dismissed, the governor, as soon as practicable,shall convene a general court-martial to try that officer on charges on whichthe he or she was dismissed. A court-martial so convened has jurisdiction totry the dismissed officer on those charges, and the officer shall be consideredto have waived the right to plead any statute of limitations applicable to anyoffense with which he or she is charged. The court-martial may, as part of itssentence, adjudge the affirmance of the dismissal, but if the court-martialacquits the accused or if the sentence adjudged, as finally approved oraffirmed, does not include dismissal, the chief of staff to the governor shallsubstitute for the dismissal ordered by the governor a form of dischargeauthorized for administrative issue.
(b) If the governor fails to convene a general court-martialwithin six (6) months from the presentation of an application for trial underthis code, the chief of staff to the governor shall substitute for thedismissal ordered by the governor a form of discharge authorized foradministrative issue.
(c) If a discharge is substituted for a dismissal under thiscode, the governor alone may reappoint the officer to such a commissioned gradeand with such rank as, in the opinion of the governor, that former officerwould have attained had he or she not been dismissed. The reappointment of aformer officer may be made only if a vacancy is available under applicabletables of organization. All time between the dismissal and the reappointmentshall be considered as actual service for all purposes.
(d) If an officer is discharged from the organized militia byadministrative action or by board proceedings under law, or is dropped from therolls by order of the governor, he or she has no right to trial under thissection.
§ 30-13-4 Court-martial of dismissedofficer. – (a) If any commissioned officer, dismissed by order of the governor, makes awritten application for trial by court-martial, setting forth, under oath, thathe or she has been wrongfully dismissed, the governor, as soon as practicable,shall convene a general court-martial to try that officer on charges on whichthe he or she was dismissed. A court-martial so convened has jurisdiction totry the dismissed officer on those charges, and the officer shall be consideredto have waived the right to plead any statute of limitations applicable to anyoffense with which he or she is charged. The court-martial may, as part of itssentence, adjudge the affirmance of the dismissal, but if the court-martialacquits the accused or if the sentence adjudged, as finally approved oraffirmed, does not include dismissal, the chief of staff to the governor shallsubstitute for the dismissal ordered by the governor a form of dischargeauthorized for administrative issue.
(b) If the governor fails to convene a general court-martialwithin six (6) months from the presentation of an application for trial underthis code, the chief of staff to the governor shall substitute for thedismissal ordered by the governor a form of discharge authorized foradministrative issue.
(c) If a discharge is substituted for a dismissal under thiscode, the governor alone may reappoint the officer to such a commissioned gradeand with such rank as, in the opinion of the governor, that former officerwould have attained had he or she not been dismissed. The reappointment of aformer officer may be made only if a vacancy is available under applicabletables of organization. All time between the dismissal and the reappointmentshall be considered as actual service for all purposes.
(d) If an officer is discharged from the organized militia byadministrative action or by board proceedings under law, or is dropped from therolls by order of the governor, he or she has no right to trial under thissection.
