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§ 13A-913. Restoration

West's Annotated Code of MarylandPublic SafetyEffective: October 1, 2020

West's Annotated Code of Maryland
Public Safety (Refs & Annos)
Title 13a. Maryland Code of Military Justice (Refs & Annos)
Subtitle 9. Post-Trial Procedure and Review of Courts-Martial (Refs & Annos)
Effective: October 1, 2020
MD Code, Public Safety, § 13A-913
§ 13A-913. Restoration
Restoration of rights, privileges, and property affected by sentence that has been set aside or disapproved
(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 on the new trial or rehearing.
Governor may change form of discharge
(b) If a previously executed sentence of dishonorable or bad-conduct discharge is not imposed on a new trial, the Governor may substitute therefor a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of the accused's enlistment.
Reappointment of commissioned officer by Governor
(c)(1) If a previously executed sentence of dismissal is not imposed on a new trial, the Governor may 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 former officer not been dismissed.
(2) The reappointment of such a former officer shall be without regard to the existence of a vacancy and shall affect the promotion status of other officers only insofar as the Governor may direct.
(3) All time between the dismissal and the reappointment shall be considered as actual service for all purposes, including the right to pay and allowances.

Credits

Added by Acts 2020, c. 592, § 2, eff. Oct. 1, 2020.
MD Code, Public Safety, § 13A-913, MD PUBLIC SAFETY § 13A-913
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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