Restoration

(a)Under such disciplinary regulations as may be prescribed, all rights, privileges, and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an CH. 63 GUAM NATIONAL GUARD 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 hearing.

(b)If a previously executed sentence of dishonorable discharge or bad-conduct discharge is not imposed on a new trial, I Maga’håga/Maga’låhi may substitute therefore 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, I Maga’håga/Maga’låhi may substitute therefore a form of discharge authorized for administrative issue. The commissioned officer dismissed by that sentence may be, to correct an injustice, reappointed by I Maga’håga/Maga’låhi alone, to such commissioned grade and with such rank as in the opinion of I Maga’håga/Maga’låhi that former officer would have attained had he not been dismissed. The reappointment of such former officer may not be made if a position vacancy is not available under applicable tables of organization. Reappointment may not be made if the commissioned officer dismissed was convicted of criminal acts which would be grounds for elimination under administrative personnel regulations. If the dismissed commissioned officer is reappointed all the time between the dismissal and reappointment shall be considered as service for all purposes.