{"data":{"id":"us-ut/utah-code-39a-5-237","jurisdiction":"us-ut","citation":"Utah Code § 39A-5-237","heading":"Sentence set aside -- Rights restored.","body":"(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.\n(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.\n(3)\n(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.\n(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.\n(c) Time between the dismissal and reappointment is considered service for all purposes.","path":["Title 39A National Guard and Militia Act","Chapter 39A-5 Utah Code of Military Justice","Part 39A-5-2 Military Courts"],"source_url":"https://le.utah.gov/xcode/Title39A/Chapter5/39A-5-S237.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"72f5a2364eb6705ad81e4d0595d9ef933f189ce6147fc4447d68b7c336b7a725","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-39a-5-236","next":"us-ut/utah-code-39a-5-238"},"notice":"GroundRules: Original legal text. Not legal advice."}