10 U.S.C. § 875 : US Code - Section 875: Art. 75. Restoration

Search 10 U.S.C. § 875 : US Code - Section 875: Art. 75. Restoration

(a) Under such regulations as the President 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 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 Secretary
concerned shall substitute therefor a form of discharge authorized
for administrative issuance unless the accused is to serve out the
remainder of his enlistment.
(c) If a previously executed sentence of dismissal is not imposed
on a new trial, the Secretary concerned shall substitute therefor a
form of discharge authorized for administrative issue, and the
commissioned officer dismissed by that sentence may be reappointed
by the President alone to such commissioned grade and with such
rank as in the opinion of the President that former officer would
have attained had he 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 President 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.