State Codes and Statutes
Statutes > Rhode-island > Title-30 > Chapter-30-13 > 30-13-74SECTION 30-13-74
§ 30-13-74 Restoration following sentenceset aside. – (a) Under such regulations as the governor may prescribe, all rights,privileges, and property affected by an executed part of a court-martialsentence which has been set aside or disapproved, except an executed dismissalor discharge, shall be restored unless a new trial or rehearing is ordered andthe executed part is included in a sentence imposed upon a new trial orrehearing.
(b) If a previously executed sentence of dishonorable orbad-conduct discharge is not imposed on a new trial, the governor shallsubstitute therefor a form of discharge authorized for administrative issuanceunless the accused is to serve out the remainder of his or her enlistment.
(c) If a previously executed sentence of dismissal is notimposed on a new trial, the governor shall substitute therefor a form ofdischarge authorized for administrative issue, and the commissioned officerdismissed by that sentence may be reappointed by the governor alone to such acommissioned grade and with such rank as in the opinion of the governor thatformer officer would have attained had he or she not been dismissed. Thereappointment of such a former officer may be made if a position vacancy isavailable under applicable tables of organization. All time between thedismissal and reappointment shall be considered as service for all purposes.
