New York Laws
Part 9 - Post-Trial Procedure and Review of Courts-Martial
130.72-A - Restoration.

(a) Under such regulations as the adjutant
general 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 adjutant general 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 adjutant general shall substitute therefor a form of
discharge authorized for administrative issue, and the commissioned
officer dismissed by the sentence may be reappointed by the governor
alone to such commissioned grade and with such rank as in the opinion of
the governor that former officer would have attained had he not been
dismissed. The reappointment of such a former officer shall be
consistent with federal regulations.