§ 5916. Restoration.

122 words·~1 min read·/pa/title-51/chapter-59/5916

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

(a)General rule.-- Under such regulations as may be prescribed by the Governor or department, all rights, privileges and property affected by an executed portion of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and such executed portion is included in a sentence imposed upon the new trial or rehearing.

(b)Substitution of administrative discharge for invalid discharge.-- If a previously executed sentence of dishonorable or bad-conduct discharge is not sustained 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 his enlistment.

51c5917s