Missouri § 40.228 - Sentence set aside or disapproved all rights restored, exception — dishonorable or bad-conduct discharge not sustained, effect — dismissal not sustained, effect.
Full text of Missouri Revised Statutes of Missouri § 40.228 — Sentence set aside or disapproved all rights restored, exception — dishonorable or bad-conduct discharge not sustained, effect — dismissal not sustained, effect., with citation guidance and answers to common questions.
§ 40.228. Sentence set aside or disapproved all rights restored, exception — dishonorable or bad-conduct discharge not sustained, effect — dismissal not sustained, effect.
1. Under such regulations as the governor 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 a new trial or rehearing.
2. When a previously executed sentence of dishonorable or bad conduct discharge is not sustained on a new trial, the adjutant general shall substitute therefor a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of his enlistment.
3. When a previously executed sentence of dismissal is not sustained on a new trial, the adjutant general shall substitute therefor 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 as in the opinion of the governor that former officer would have attained had that officer not been dismissed. The reappointment of such a former officer may be made if a position vacancy is available under applicable tables of organization. All time between the dismissal and reappointment shall be considered as service for all purposes.
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(L. 1984 H.B. 1035 § 75)
---- end of effective 28 Aug 1984 ----
Source: official Missouri text · Last verified 2026-08-27
Frequently Asked Questions About Missouri § 40.228
What does Revised Statutes of Missouri § 40.228 cover?
Section 40.228 ("Sentence set aside or disapproved all rights restored, exception — dishonorable or bad-conduct discharge not sustained, effect — dismissal not sustained, effect.") is part of the Revised Statutes of Missouri, the codified statutory law of Missouri. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Missouri § 40.228?
A common citation format is "Revised Statutes of Missouri § 40.228" (Missouri). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Missouri law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Missouri official source linked on this page or consult a licensed Missouri attorney.
How does Missouri § 40.228 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Missouri can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Missouri.