39-6-64 - Sentence set aside -- Rights restored.
39-6-64. Sentence set aside -- Rights restored.
(1) Under rules prescribed by the governor or the adjutant general all rights, privileges,and property affected by an executed portion of a military court sentence which has been set asideor disapproved, except an executed dismissal or discharge, shall be restored unless a new trial orrehearing is ordered and the executed part is included in a sentence imposed upon the new trial orrehearing.
(2) If a previously executed sentence of bad conduct discharge is not imposed in a newtrial, the governor shall substitute a discharge authorized for administrative issue, unless theaccused is serving the remainder of his enlistment.
(3) (a) If a previously executed sentence of dismissal is not imposed in a new trial, thegovernor shall substitute a discharge authorized for administrative issue.
(b) The commissioned officer dismissed by the sentence may be reappointed by thegovernor to the grade and rank he had attained, if a position is available under applicableorganization.
(c) Time between the dismissal and reappointment is considered service for all purposes.
(1) Under rules prescribed by the governor or the adjutant general all rights, privileges,and property affected by an executed portion of a military court sentence which has been set asideor disapproved, except an executed dismissal or discharge, shall be restored unless a new trial orrehearing is ordered and the executed part is included in a sentence imposed upon the new trial orrehearing.
(2) If a previously executed sentence of bad conduct discharge is not imposed in a newtrial, the governor shall substitute a discharge authorized for administrative issue, unless theaccused is serving the remainder of his enlistment.
(3) (a) If a previously executed sentence of dismissal is not imposed in a new trial, thegovernor shall substitute a discharge authorized for administrative issue.
(b) The commissioned officer dismissed by the sentence may be reappointed by thegovernor to the grade and rank he had attained, if a position is available under applicableorganization.
(c) Time between the dismissal and reappointment is considered service for all purposes.
Amended by Chapter 9, 1988 Special Session 2