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35.355 Restoration.
(1)
(2)
(3)
Under such regulations as may be prescribed, 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.
If a previously executed sentence of dishonorable or bad-conduct discharge is not
imposed on a new trial, the Governor may 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
Governor may substitute therefor a form of discharge authorized for administrative
issuance, 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 he not
been dismissed. The reappointment of such a former officer shall be without regard
to the existence of a vacancy and shall affect the promotion status of other officers
only insofar as the Governor may direct. All time between the dismissal and the
reappointment shall be considered as actual service for all purposes, including the
right to pay and allowances.
Effective: June 25, 2013
History: Amended 2013 Ky. Acts ch. 32, sec. 77, effective June 25, 2013. -- Amended
1970 Ky. Acts ch. 56, sec. 50. -- Created 1954 Ky. Acts ch. 99, sec. 70, effective July
1, 1954.
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