2015 New York Laws
MIL - Military
Article 7 - CODE OF MILITARY JUSTICE
Part 9 - (130.59 - 130.72-C) POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL
130.72-A - Restoration.

 130.72-a. Restoration.    (a) Under such regulations as the adjutant
  general may prescribe, 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
  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  the  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
  consistent with federal regulations.