(a) All rights, privileges, and property affected by an executed part of a court-martial sentence that has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and the executed part is included in a sentence imposed on the new trial or rehearing.
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Terms Used In Alaska Statutes 26.05.630

  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • officer: means a commissioned or warrant officer. See Alaska Statutes 26.05.990
  • property: includes real and personal property. See Alaska Statutes 01.10.060
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) If a previously executed sentence of dishonorable or bad-conduct discharge is not imposed on a new trial, the governor may substitute an administrative form of discharge unless the accused is to serve out the remainder of the accused’s enlistment.
(c) If a previously executed sentence of dismissal is not imposed on a new trial, the governor may substitute an administrative form of discharge, and a commissioned officer dismissed under the original sentence may be reappointed by the governor alone to the commissioned grade and rank that, in the opinion of the governor, the former officer would have attained had the officer not been dismissed. The reappointment of the former officer shall be without regard to the existence of a vacancy and shall affect the promotion status of other officers only to the extent the governor may direct. The time between the dismissal and the reappointment shall be considered as actual service for all purposes, including the right to pay and allowances.
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