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Utah · Through 2026 General Session

Utah Code § 39A-5-237: Sentence set aside -- Rights restored.

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Where this section sits in the code
  1. Title 39A National Guard and Militia Act
  2. Chapter 39A-5 Utah Code of Military Justice
  3. Part 39A-5-2 Military Courts

(1) Under rules prescribed by the governor or the adjutant general all rights, privileges, and property affected by an executed portion of a military court 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 the executed part is included in a sentence imposed upon the new trial or rehearing.

(2) If a previously executed sentence of bad conduct discharge is not imposed in a new trial, the governor shall substitute a discharge authorized for administrative issue, unless the accused is serving the remainder of his or her enlistment.

(3)

(a) If a previously executed sentence of dismissal is not imposed in a new trial, the governor shall substitute a discharge authorized for administrative issue.

(b) A commissioned officer dismissed by a sentence may be reappointed by the governor to the grade and rank the commissioned officer had attained, if a position is available under the applicable organization.

(c) Time between the dismissal and reappointment is considered service for all purposes.

Collected 2026-09-03T11:34:33Z. Source file · JSON

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