§ 75 — Restoration

Massachusetts § 75

• Jurisdiction: Massachusetts
• Part I: ADMINISTRATION OF THE GOVERNMENT
• Title V: MILITIA
• Ch. 33A: MASSACHUSETTS CODE OF MILITARY JUSTICE

Text

Article 75. Restoration.(a) Under such regulations as may be prescribed, 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, shall be restored unless a new trial or rehearing is ordered and such 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 commander-in-chief, if authorized, may substitute therefor 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 commander-in-chief, if authorized, may substitute therefor a form of discharge authorized for administrative issue and the commissioned officer dismissed by that sentence may be reappointed by the commander-in-chief alone to such commissioned grade and with such rank as in the opinion of the commander-in-chief that former officer would have attained had such former officer not been dismissed. The reappointment of any such former officer shall be without regard to the existence of a vacancy and shall affect the promotion status of other officers only insofar as the commander-in-chief may direct. All time between the dismissal and their reappointment shall be considered as actual service for all purposes, including the right to pay and allowances.