§ 30-13-4. Court-martial of dismissed officer.
(a) If any commissioned officer, dismissed by order of the governor, makes a written application
for trial by court-martial, setting forth, under oath, that he or she has been wrongfully
dismissed, the governor, as soon as practicable, shall convene a general court-martial
to try that officer on charges on which the he or she was dismissed. A court-martial
so convened has jurisdiction to try the dismissed officer on those charges, and the
officer shall be considered to have waived the right to plead any statute of limitations
applicable to any offense with which he or she is charged. The court-ma
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§ 30-13-4. Court-martial of dismissed officer.
(a) If any commissioned officer, dismissed by order of the governor, makes a written application
for trial by court-martial, setting forth, under oath, that he or she has been wrongfully
dismissed, the governor, as soon as practicable, shall convene a general court-martial
to try that officer on charges on which the he or she was dismissed. A court-martial
so convened has jurisdiction to try the dismissed officer on those charges, and the
officer shall be considered to have waived the right to plead any statute of limitations
applicable to any offense with which he or she is charged. The court-martial may,
as part of its sentence, adjudge the affirmance of the dismissal, but if the court-martial
acquits the accused or if the sentence adjudged, as finally approved or affirmed,
does not include dismissal, the chief of staff to the governor shall substitute for
the dismissal ordered by the governor a form of discharge authorized for administrative
issue.
(b) If the governor fails to convene a general court-martial within six (6) months from
the presentation of an application for trial under this code, the chief of staff to
the governor shall substitute for the dismissal ordered by the governor a form of
discharge authorized for administrative issue.
(c) If a discharge is substituted for a dismissal under this code, the governor alone
may reappoint the officer to such a 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 a former officer may be made only if a vacancy
is available under applicable tables of organization. All time between the dismissal
and the reappointment shall be considered as actual service for all purposes.
(d) If an officer is discharged from the organized militia by administrative action or
by board proceedings under law, or is dropped from the rolls by order of the governor,
he or she has no right to trial under this section.