(a) 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 that such executed sentence is a part of a sentence imposed on the new trial or rehearing.
(b) When a sentence of dishonorable or bad-conduct discharge previously executed is not affirmed in a new trial, the Governor shall substitute therefor an administrative form of discharge, unless the accused chooses to serve out the remainder of his enlistment.
(c) When a previously executed sentence of dismissal is not affirmed in a new trial, the Governor shall substitute therefor an administrative form of discharge and the commissioned officer dismissed by that sentence shall be reappointed to his commissioned grade and with such rank as in the opinion of the Governor that former officer would have attained had he not been dismissed. This reappointment may be made if a position vacancy is available under applicable tables of organization. All time between the dismissal and reappointment shall be considered as service for all purposes.
History —June 23, 1969, No. 62, p. 117, § 1215, eff. 90 days after June 23, 1969.