§ 39-6-64. Sentence set aside -- Rights restored.

(1) Under rules prescribed by the governor or the adjutant general all rights, privileges, and property affected by an executed portion of a military court 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 the executed part is included in a sentence imposed upon the new trial or rehearing.

(2) If a previously executed sentence of bad conduct discharge is not imposed in a new trial, the governor shall substitute a discharge authorized for administrative issue, unless the accused is serving the remainder of his enlistment.

(3)

(a) If a previously executed sentence of dismissal is not imposed in a new trial, the governor shall substitute a discharge authorized for administrative issue.

(b) The commissioned officer dismissed by the sentence may be reappointed by the governor to the grade and rank he had attained, if a position is available under applicable organization.

(c) Time between the dismissal and reappointment is considered service for all purposes.

Amended by Chapter 9, 1988 Special Session 2