39A-5-237. Sentence set aside -- Rights restored.
196 words·~1 min read·
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Effective 5/4/2022
39A-5-237. 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 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.
(2)If a previously executed sentence of bad conduct discharge is not imposed in a new trial, the governor shall substitute a discharge authorized for administrative issue, unless the accused is serving the remainder of his or her enlistment.
(a)If a previously executed sentence of dismissal is not imposed in a new trial, the governor shall substitute a discharge authorized for administrative issue.
(b)A commissioned officer dismissed by a sentence may be reappointed by the governor to the grade and rank the commissioned officer had attained, if a position is available under the applicable organization.
(c)Time between the dismissal and reappointment is considered service for all purposes.
Renumbered and Amended by Chapter 373 , 2022 General Session