§ 130.72-A — Restoration

New York § 130.72-A

• Jurisdiction: New York
• Law MIL: Military
• Part 9: Post-trial Procedure and Review of Courts-martial
• Art. 7: Code of Military Justice

Text

§ 130.72-a. Restoration. (a) Under such regulations as the adjutant\ngeneral may prescribe, all rights, privileges, and property affected by\nan executed part of a court-martial sentence which has been set aside or\ndisapproved, except an executed dismissal or discharge, shall be\nrestored unless a new trial or rehearing is ordered and such executed\npart is included in a sentence imposed upon the new trial or rehearing.\n (b) If a previously executed sentence of dishonorable or bad-conduct\ndischarge is not imposed on a new trial, the adjutant general shall\nsubstitute therefor a form of discharge authorized for administrative\nissuance unless the accused is to serve out the remainder of his\nenlistment.\n (c) If a previously executed sentence of dismissal is not imposed on a\nnew trial, the adjutant general shall substitute therefor a form of\ndischarge authorized for administrative issue, and the commissioned\nofficer dismissed by the sentence may be reappointed by the governor\nalone to such commissioned grade and with such rank as in the opinion of\nthe governor that former officer would have attained had he not been\ndismissed. The reappointment of such a former officer shall be\nconsistent with federal regulations.\n