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 pursuant to Sections 875 and 12203 of Title 10 of the United States Code and any applicable regulations prescribed thereunder by the President of the United States or the Secretary concerned.
Added by Laws 2019, c. 408, § 91, eff. Oct. 1, 2019.
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