2005 West Virginia Code - §15-1E-76. — Restoration.

§15-1E-76. Restoration.

(a) Under such regulations as the governor may prescribe, 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 a new trial or rehearing.
(b) When a previously executed sentence of dishonorable discharge or bad-conduct discharge is not sustained 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 enlistment.
(c) When a previously executed sentence of dismissal is not sustained on a new trial, the adjutant general shall substitute therefor a form of discharge authorized for administrative issue.