West Virginia Code § 15-1E-75

Restoration
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(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. e
(b) If a previously executed sentence of dishonorable or bad-conduct discharge is not
imposed on a new trial, the Governor may substitute therefore a form of discharge
authorized for administrative issuance unless the accused is to suerve out the remainder of
the accused's enlistment.
(c) If a previously executed sentence of dismissal is not imposed on a new trial, the Governor
may substitute therefore a form of discharge authorized for administrative issue, and the
commissioned officer dismissed by that sentence may be reappointed by the Governor alone
to such commissioned grade and with such rank asl in the opinion of the Governor that
former officer would have attained had he nots 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 Governor may direct. All time between
the dismissal and the reappointmengt shall be considered as actual service for all purposes,
including the right to pay and allowances.

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