Nevada § 412.258 - Application for court-martial by dismissed commissioned officer; discharge substituted for dismissal; reappointment

§ 412.258. Application for court-martial by dismissed commissioned officer; discharge substituted for dismissal; reappointment

1. If any commissioned officer dismissed by order of the Governor makes a written

application for trial by court-martial, setting forth under oath that the officer

has been wrongfully dismissed, the Governor, as soon as practicable, shall convene

a general court-martial to try that officer on the charges on which the officer was

dismissed. A court-martial so convened has jurisdiction to try the dismissed officer on those

charges, and he or she shall be considered to have waived the right to plead any statute

of limitations applicable to any offense with which he or she is charged. The court-martial may, as part of its sentence, adjudge the affirmance of the dismissal;

but if the court-martial acquits the accused or if the sentence adjudged, as finally

approved or affirmed, does not include dismissal, the Chief of Staff to the Governor

shall substitute for the dismissal ordered by the Governor a form of discharge authorized

for administrative issue. 2. If the Governor fails to convene a general court-martial within 6 months from the

presentation of an application for trial under this Code, the Chief of Staff to the

Governor shall substitute for the dismissal ordered by the Governor a form of discharge

authorized for administrative issue. 3. If a discharge is substituted for a dismissal under this Code, the Governor alone

may reappoint the officer to such commissioned grade and with such rank as, in the

opinion of the Governor, that former officer would have attained had the officer not

been dismissed. The reappointment of such a former officer may be made only if a vacancy is available

under applicable tables of organization. All time between the dismissal and the reappointment shall be considered as actual

service for all purposes. 4. If an officer is discharged from the Nevada National Guard by administrative action

or by board proceedings under law, or is dropped from the rolls by order of the Governor,

he or she has no right to trial under this section.