Okla. Stat. tit. 44, § 44-875
This is the official text of Okla. Stat. tit. 44, § 44-875, part of Oklahoma’s Stat. tit. 44, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 44,." Browse the sections below, each linked to its official government source.
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Restoration
Official statutory text
ARTICLE 75. Restoration.
A. Under such regulations as the Adjutant General may
promulgate, 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 dishonorable or bad-
conduct discharge is not imposed on a new trial, the Adjutant
General shall substitute therefor a form of discharge authorized for
administrative issuance unless the accused is to serve out the
remainder of his or her enlistment.
C. If a previously executed sentence of dismissal is not
imposed on a new trial, the Adjutant General shall substitute
therefor a form of discharge authorized for administrative issue,
Oklahoma Statutes - Title 44. Militia Page 141
and the commissioned officer dismissed by that sentence may be
reappointed solely by the Governor to such commissioned grade and
with such rank as in the opinion of the Governor that former officer
would have attained had he or she not been dismissed. 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. All time
between the dismissal and the reappointment shall be considered as
actual service for all purposes, including the right to pay and
allowances.
D. The Governor or Adjutant General shall prescribe
regulations, with such limitations as the Governor or Adjutant
General considers appropriate, governing eligibility for pay and
allowances for the period after the date on which an executed part
of a court-martial sentence is set aside.
A. Under such regulations as the Adjutant General may
promulgate, 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 dishonorable or bad-
conduct discharge is not imposed on a new trial, the Adjutant
General shall substitute therefor a form of discharge authorized for
administrative issuance unless the accused is to serve out the
remainder of his or her enlistment.
C. If a previously executed sentence of dismissal is not
imposed on a new trial, the Adjutant General shall substitute
therefor a form of discharge authorized for administrative issue,
Oklahoma Statutes - Title 44. Militia Page 141
and the commissioned officer dismissed by that sentence may be
reappointed solely by the Governor to such commissioned grade and
with such rank as in the opinion of the Governor that former officer
would have attained had he or she not been dismissed. 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. All time
between the dismissal and the reappointment shall be considered as
actual service for all purposes, including the right to pay and
allowances.
D. The Governor or Adjutant General shall prescribe
regulations, with such limitations as the Governor or Adjutant
General considers appropriate, governing eligibility for pay and
allowances for the period after the date on which an executed part
of a court-martial sentence is set aside.
Status: in_force · Read it on the official government site
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