One Click Case Law for § 38-2-492
O.C.G.A. § 38-2-491 <-- --> O.C.G.A. §38-2-493

2010 Georgia Code

TITLE 38 - MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS

CHAPTER 2 - MILITARY AFFAIRS
ARTICLE 5 - CODE OF MILITARY JUSTICE
PART 9 - REVIEW OF COURTS-MARTIAL
§ 38-2-492 - Restoration of rights, privileges, and property, in event of remission; administrative discharge; reinstatement

O.C.G.A. 38-2-492 (2010)
38-2-492. Restoration of rights, privileges, and property, in event of remission; administrative discharge; reinstatement


(a) Under such regulations as may be prescribed pursuant to this chapter, 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 the executed portion is included in a sentence imposed upon the new trial or rehearing.

(b) Where a previously executed sentence of dishonorable or bad conduct discharge is not sustained on a new trial, the Governor shall substitute therefor a form of discharge authorized for administrative issuance unless the accused is to serve out of the remainder of his enlistment.

(c) Where a previously executed sentence of dismissal is not sustained on a new trial, the Governor shall substitute therefor a form of discharge authorized for administrative issuance; and the 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 the former officer would have attained had he not been dismissed. The reappointment of a former officer may be made provided a position vacancy is available under applicable tables of organization. All time between the dismissal and the reappointment shall be considered as service for all purposes.