1998 Minnesota Statutes

     192A.375 Restoration.  

    Subdivision 1.  Under such rules as the governor 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 a new 
 trial or rehearing.  

    Subd. 2.  If a previously executed sentence of dishonorable 
 or bad conduct discharge is not imposed on a new trial, the 
 governor shall substitute therefor a form of discharge 
 authorized for administrative issuance unless the accused is to 
 serve out the remainder of the accused's enlistment.  

    Subd. 3.  If a previously executed sentence of dismissal is 
 not imposed on a new trial, the governor shall substitute 
 therefor a form of discharge authorized for administrative 
 issue, and the commissioned officer dismissed by that 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 the officer not been 
 dismissed.  The reappointment of such a former officer may be 
 made if a position vacancy is available under applicable tables 
 of organization.  All time between the dismissal and 
 reappointment shall be considered as service for all purposes.  

    HIST: 1963 c 661 s 192A.375; 1985 c 248 s 70; 1986 c 444