Ohio § 5924.75

§ 5924.75.

(A) Under any regulations that the adjutant general may prescribe, all rights, privileges,

and property affected by an executed part of a court-martial sentence that 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 of the sentence 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 adjutant general shall substitute therefor a form of discharge

authorized for administrative issuance unless the accused is to serve out the remainder

of the accused's enlistment. (C) If a previously executed sentence of dismissal is not imposed 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 adjutant general alone to such commissioned grade and with such rank as in

the opinion of the adjutant general that former officer would have attained had the

former officer not been dismissed.  The reappointment of such a former officer shall be made without regard to the existence

of a vacancy and shall affect the promotion status of other officers only to the extent

directed by the adjutant general.  All time between the dismissal and the reappointment shall be considered as service

for all purposes including the right to pay and allowances. (D) Pursuant to regulations prescribed by the adjutant general, an accused who has been

sentenced by a court-martial may be required to take leave pending completion of action

under this code if the sentence, as approved under section 5924.60 of the Revised Code , includes an unsuspended dismissal or an unsuspended dishonorable or bad-conduct

discharge.  The accused may be required to begin leave on the date on which the sentence is

approved or at any time after that date.  Leave may be continued until the date on which action is completed or may be terminated

at any earlier time.