{"data":{"id":"us-ma/mass.-gen.-laws-ch.-33a-75","jurisdiction":"us-ma","citation":"Mass. Gen. Laws ch. 33A, § 75","heading":"Restoration","body":"Article 75. Restoration.\n(a) 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.\n(b) If a previously executed sentence of dishonorable or bad-conduct discharge is not imposed on a new trial, the commander-in-chief, if authorized, 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.\n(c) If a previously executed sentence of dismissal is not imposed on a new trial, the commander-in-chief, if authorized, may substitute therefor a form of discharge authorized for administrative issue and the commissioned officer dismissed by that sentence may be reappointed by the commander-in-chief alone to such commissioned grade and with such rank as in the opinion of the commander-in-chief that former officer would have attained had such former officer not been dismissed. The reappointment of any such 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 commander-in-chief may direct. All time between the dismissal and their reappointment shall be considered as actual service for all purposes, including the right to pay and allowances.","path":["Part I","Title V","Chapter 33A"],"source_url":"https://malegislature.gov/Laws/GeneralLaws/PartI/TitleV/Chapter33A/Section75","current_through":"amendments passed before May 31, 2026","vintage":"","retrieved_at":"2026-09-17T05:20:24Z","sha256":"6730308d17dc2bc32ac00d764f0c2ecb170eb2f0c7f62096bb30e990fe9c6d8b","source_id":"us-ma","stale":false,"prev":"us-ma/mass.-gen.-laws-ch.-33a-74","next":"us-ma/mass.-gen.-laws-ch.-33a-76"},"notice":"GroundRules: Original legal text. Not legal advice."}