29B.71 - RESTORATION.
29B.71 RESTORATION.
Under such regulations as the adjutant general may prescribe, 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 a new trial or rehearing.
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 the
accused's enlistment.
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 by the governor
alone to such commissioned grade and with such rank as in the opinion
of the governor that former officer would have attained had the
former officer not been dismissed. The reappointment of such a
former officer may be made if a position vacancy is available under
applicable tables of organization. All times between the dismissal
and reappointment shall be considered as service for all purposes.
Section History: Early Form
[C66, 71, 73, 75, 77, 79, 81, § 29B.71]