Oklahoma § 44-875 - Restoration

§ 44-875. Restoration

ARTICLE 75. Restoration.

A. Under such regulations as the Adjutant General may

promulgate, 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 badconduct 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 his or her 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,

Oklahoma Statutes - Title 44. Militia

and the commissioned officer dismissed by that sentence may be

reappointed solely by the Governor to such commissioned grade and

with such rank as in the opinion of the Governor that former officer

would have attained had he or she 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 Governor 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.

D. The Governor or Adjutant General shall prescribe

regulations, with such limitations as the Governor or Adjutant

General considers appropriate, governing eligibility for pay and

allowances for the period after the date on which an executed part

of a court-martial sentence is set aside.

Added by Laws 2019, c. 408, § 91, eff. Oct. 1, 2019. Amended by

Laws 2025, c. 344, § 9, eff. Nov. 1, 2025.