39-6-64 - Sentence set aside -- Rights restored. - Utah Statutes

39-6-64. Sentence set aside -- Rights restored.
(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 asideor disapproved, except an executed dismissal or discharge, shall be restored unless a new trial orrehearing is ordered and the executed part is included in a sentence imposed upon the new trial orrehearing.
(2) If a previously executed sentence of bad conduct discharge is not imposed in a newtrial, the governor shall substitute a discharge authorized for administrative issue, unless theaccused is serving the remainder of his enlistment.
(3) (a) If a previously executed sentence of dismissal is not imposed in a new trial, thegovernor shall substitute a discharge authorized for administrative issue.
(b) The commissioned officer dismissed by the sentence may be reappointed by thegovernor to the grade and rank he had attained, if a position is available under applicableorganization.
(c) Time between the dismissal and reappointment is considered service for all purposes.

Amended by Chapter 9, 1988 Special Session 2