§124B-116 Restoration.

280 words·~1 min read·/hi/124b-116

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)In accordance with rules as the governor may adopt, all rights, privileges, and property affected by an executed part of a court-martial sentence that has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and the executed part is included in a sentence imposed upon the new trial or rehearing.

(b)If a previously executed sentence of dishonorable or bad-conduct discharge is not imposed on a new trial, the governor shall substitute a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of the accused's enlistment.

(c)If a previously executed sentence of dismissal is not imposed on a new trial, the governor shall substitute a form of discharge authorized for administrative issue, and the commissioned officer dismissed by that sentence may be reappointed by the governor alone to the commissioned grade and with the rank as in the opinion of the governor that former officer would have attained had the former officer not been dismissed. The reappointment of a former officer may be made if a position vacancy is available under the applicable tables of organization. All time between the dismissal and reappointment shall be considered as service for all purposes, including the right to pay and allowances.

(d)The governor or adjutant general shall adopt rules with limitations as the governor or adjutant general considers appropriate governing eligibility for pay and allowances for the period after the date on which an executed part of a court-martial sentence is set aside or disapproved. [L 2022, c 286, pt of §2; am L 2023, c 17, §1]