
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC875]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 47--UNIFORM CODE OF MILITARY JUSTICE
 
    SUBCHAPTER IX--POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL
 
Sec. 875. Art. 75. Restoration

    (a) Under such regulations as the President 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 Secretary concerned 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 Secretary concerned shall substitute therefor a form of 
discharge authorized for administrative issue, and the commissioned 
officer dismissed by that sentence may be reappointed by the President 
alone to such commissioned grade and with such rank as in the opinion of 
the President that former officer would have attained had he not been 
dismissed. The reappointment of such a 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 President may direct. All 
time between the dismissal and the reappointment shall be considered as 
actual service for all purposes, including the right to pay and 
allowances.

(Aug. 10, 1956, ch. 1041, 70A Stat. 63.)

                                          Historical and Revision Notes
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            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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875(a)................................  50:662(a).                           Ma
y 5, 1950, ch. 169, Sec.  1 (Art.
875(b)................................  50:662(b).                            7
5), 64 Stat. 132.
875(c)................................  50:662(c).
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    In subsections (b) and (c), the word ``If'' is substituted for the 
word ``Where''. The word ``imposed'' is substituted for the word 
``sustained''. The words ``Secretary concerned'' are substituted for the 
words ``Secretary of the Department''.
    In subsection (c), the word ``issue'' is substituted for the word 
``issuance''. The word ``commissioned'' is inserted for clarity. The 
words ``grade and with such rank'' are substituted for the words ``rank 
and precedence'', since a person is appointed to a grade, not a position 
of precedence, and the word ``rank'' is the accepted military word 
denoting the general idea of precedence. The words ``the existence of 
a'' are substituted for the word ``position''. The word ``receive'' is 
omitted as surplusage.
