N.Y. Military Law § 130.72-a: Restoration

§ 130.72-a. Restoration. (a) Under such regulations as the adjutant

general 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 adjutant general 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 adjutant general shall substitute therefor a form of

discharge authorized for administrative issue, and the commissioned

officer dismissed by the 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

consistent with federal regulations.