§ 28-3.1-418 — Restoration

Colorado § 28-3.1-418

• Jurisdiction: Colorado
• Title 28: Military and
• Art.: Colorado Code of Military Justice

Text

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

(2) If a previously executed sentence of dishonorable discharge or other
punitive 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 his or her enlistment.

(3) 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 a commissioned officer dismissed by that sentence may be reappointed
only by the governor to the commissioned grade and rank as that former officer
would have attained had he or she not been dismissed. The reappointment of such a
former officer may be made if a position vacancy is available under applicable
tables of organization. All time between the dismissal and reappointment shall be
considered as service for all state purposes.

Legislative History

Source: L. 83: Entire article added, p. 1185, � 1, effective June 10. L. 2002: (2) and (3) amended, p. 615, � 95, effective May 24.