10-U.S.C.-875
§875 – Art. 75. Restoration
Pathway
Title 10 > Subtitle A > Part II > Chapter 47 > Subchapter IX > Section 875
Details
- Reference: Section 875
- Legend: §875 – Art. 75. Restoration
- USCode Year: 2013
Provision Content
(a) Under such regulations as the President 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 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 Secretary concerned shall substitute therefor a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of his enlistment.
(c) If a previously executed sentence of dismissal is not imposed on a new trial, the Secretary concerned shall substitute therefor a form of discharge authorized for administrative issue, and the commissioned officer dismissed by that sentence may be reappointed by the President alone to such commissioned grade and with such rank as in the opinion of the President that former officer would have attained had he 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 President 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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 63.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 875(a) 875(b) |
50:662(a). 50:662(b). |
May 5, 1950, ch. 169, §1 (Art. 75), 64 Stat. 132. |
| 875(c) | 50:662(c). |
In subsections (b) and (c), the word If is substituted for the word Where. The word imposed is substituted for the word sustained. The words Secretary concerned are substituted for the words Secretary of the Department.
In subsection (c), the word issue is substituted for the word issuance. The word commissioned is inserted for clarity. The words grade and with such rank are substituted for the words rank and precedence, since a person is appointed to a grade, not a position of precedence, and the word rank is the accepted military word denoting the general idea of precedence. The words the existence of a are substituted for the word position. The word receive is omitted as surplusage.
Delegation of Functions
For delegation to Secretary of Homeland Security of certain authority vested in President by this section, see section 2(b) of Ex. Ord. No. 10637, Sept. 16, 1955, 20 F.R. 7025, as amended, set out as a note under section 301 of Title 3, The President.
U.S. Encyclopedia of Law Coverage
10-U.S.C.-874 in the Legal Encyclopedia: General Military Law
In this entry about 10-U.S.C.-874, find legal reference material, bibliographies and premiere content related to general military law in the American Encyclopedia of Law, presenting a comprehensive view of the United States general military law-specific issues, written by authorities in the field.
10-U.S.C.-817 in the Legal Encyclopedia: Uniform Code of Military Justice
In this entry about 10-U.S.C.-817, find legal reference material, bibliographies and premiere content related to uniform code of military justice in the American Encyclopedia of Law, presenting a comprehensive view of the United States uniform code of military justice-specific issues, written by authorities in the field.
10-U.S.C.-820 in the Legal Encyclopedia: Justice
In this entry about 10-U.S.C.-820, find legal reference material, bibliographies and premiere content related to justice in the American Encyclopedia of Law, presenting a comprehensive view of the United States justice-specific issues, written by authorities in the field.
10-U.S.C.-866 in the Legal Encyclopedia: Enlistments
In this entry about 10-U.S.C.-866, find legal reference material, bibliographies and premiere content related to enlistments in the American Encyclopedia of Law, presenting a comprehensive view of the United States enlistments-specific issues, written by authorities in the field.
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