§ 44-875 — Restoration.

ARTICLE 75. Restoration. A. Under such regulations as the Adjutant General may promulgate, 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 Adjutant General shall substitute therefor a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of his or her enlistment. C. If a previously executed sentence of dismissal is not imposed on a new trial, the Adjutant General shall substitute therefor a form of discharge authorized for administrative issue, and the commissioned officer dismissed by that sentence may be reappointed solely by the Governor to such commissioned grade and with such rank as in the opinion of the Governor that former officer would have attained had he or she not been dismissed. The reappointment of such a 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 Governor may direct. All time between the dismissal and the reappointment shall be considered as actual service for all purposes, including the right to pay and allowances. D. The Governor or Adjutant General shall prescribe regulations, with such limitations as the Governor or Adjutant General considers appropriate, governing eligibility for pay and allowances for the period after the date on which an executed part of a court-martial sentence is set aside.

Legislative History

Added by Laws 2019, c. 408, § 91, eff. Oct. 1, 2019. Amended by Laws 2025, c. 344, § 9, eff. Nov. 1, 2025.