{"data":{"id":"us-ky/krs-35.355","jurisdiction":"us-ky","citation":"KRS 35.355","heading":"Restoration.","body":"(1) Under such regulations as may be prescribed, all rights, privileges, and property\naffected by an executed part of a court -martial sentence which has been set aside or\ndisapproved, except an executed dismissal or discharge, shall be restored unless a\nnew trial or rehearing is ordered and such executed part is included in a sentence\nimposed upon the new trial or rehearing.\n(2) If a previously executed sentence of dishonorable or bad -conduct discharge is not\nimposed on a new trial, the Governor may substitute therefor a form of discharge\nauthorized for administrative issuance unless the accused is to serve out the\nremainder of the accused's enlistment.\n(3) If a previously executed sentence of dismissal is not imposed on a new trial, the\nGovernor may substitute therefor a form of discharge authorized for administrative\nissuance, and the commissioned officer dismissed by that sentence may be\nreappointed by the Governor alone to such commissioned grade and with such rank\nas in the opinion of the Governor that former officer would have attained had he not\nbeen dismissed. The reappointment of such a former officer shall be without regard\nto the existence of a vacancy and shall affect the promotion status of other officers\nonly insofar as the Governor may direct. All t ime between the dismissal and the\nreappointment shall be considered as actual service for all purposes, including the\nright to pay and allowances.","path":["KRS Chapter 35"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=41953","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:52Z","sha256":"7805cc5e8f14222abc1486dea195cffdcb228d3398b47b24c30d5781ec099302","source_id":"us-ky","stale":false,"prev":"us-ky/krs-35.350","next":"us-ky/krs-35.360"},"notice":"GroundRules: Original legal text. Not legal advice."}
