KRS 35.355: Restoration.

(1) 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.

(2) 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.

(3) 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

issuance, 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 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 Governor may direct. All t ime between the dismissal and the

reappointment shall be considered as actual service for all purposes, including the

right to pay and allowances.