5915 - Restoration. - Pennsylvania Statutes

§ 5915. Restoration. (a) General rule.--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) Substitution of administrative discharge for invalid discharge.--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) Substitution of administrative discharge for invalid dismissal.--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.