Alabama Code (Last Updated: November 28, 2014) |
Title31 MILITARY AFFAIRS AND CIVIL DEFENSE. |
Chapter2A. MILITARY JUSTICE. |
PartIX. Post-Trial Procedure and Review of Courts-Martial. |
§31-2A-75. (Article 75.) Restoration.
Latest version.
-
(a) Under such regulations as may be prescribed, 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 the new trial or rehearing.
(b) If a previously executed sentence of 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.