2005 Idaho Code - 46-1149 — RESTORATION

                                  TITLE  46
                         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.