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Utah Code
2021 Utah Code
Title 39 - Militia and Armories
Chapter 6 - Utah Code of Military Justice
Section 64 - Sentence set aside -- Rights restored.
Universal Citation:
UT Code § 39-6-64 (2021)
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39-6-64. Sentence set aside -- Rights restored.
Amended by Chapter 9, 1988 Special Session 2
Amended by Chapter 9, 1988 Special Session 2
- (1) Under rules prescribed by the governor or the adjutant general all rights, privileges, and property affected by an executed portion of a military court 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 the executed part is included in a sentence imposed upon the new trial or rehearing.
- (2) If a previously executed sentence of bad conduct discharge is not imposed in a new trial, the governor shall substitute a discharge authorized for administrative issue, unless the accused is serving the remainder of his enlistment.
- (3)
- (a) If a previously executed sentence of dismissal is not imposed in a new trial, the governor shall substitute a discharge authorized for administrative issue.
- (b) The commissioned officer dismissed by the sentence may be reappointed by the governor to the grade and rank he had attained, if a position is available under applicable organization.
- (c) Time between the dismissal and reappointment is considered service for all purposes.
Amended by Chapter 9, 1988 Special Session 2
Amended by Chapter 9, 1988 Special Session 2
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