46-1149 RESTORATION.
MILITIA AND MILITARY AFFAIRS
CHAPTER 11
CODE OF MILITARY JUSTICE
46-1149. Restoration. (1) Under such regulations as may be prescribed pursuant to this act, all rights, privileges, and property affected by an executed portion 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 portion is included in a sentence imposed upon the accused by a new trial or rehearing.
(2) Where a previously executed sentence of dishonorable discharge or bad conduct discharge is not sustained at a new trial, the adjutant general shall substitute therefor a form of honorable discharge authorized for administrative issuance unless the accused is to serve out the remainder of his enlistment.
(3) Where a previously executed sentence of dismissal is not sustained on a new trial, the adjutant general shall substitute therefor a form of honorable discharge authorized for administrative issuance or the officer dismissed by such sentence may be reappointed by the governor alone to such commissioned rank as in the opinion of the governor such former officer would have attained had he not been dismissed. The reappointment of such a former officer shall be made effective as of the date of dismissal and he shall be carried on an unassigned list until a position vacancy shall occur. All time between the dismissal and such reappointment shall be considered as service for all state purposes.