(a) General rule.--Under such regulations as may be prescribed by the Governor or department, all rights, privileges and property affected by an executed portion 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 portion is included in a sentence imposed upon the new trial or rehearing.
(b) Substitution of administrative discharge for invalid discharge.--If a previously executed sentence of dishonorable or bad-conduct discharge is not sustained on a new trial, the Governor shall substitute a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of his enlistment.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 59 - Posttrial Procedure and Review of Courts-martial
Section 5901 - Error of law; lesser included offense
Section 5902 - Action by convening authority
Section 5903 - Action on general court-martial records
Section 5904 - Reconsideration and revision
Section 5906 - Approval by convening authority
Section 5907 - Disposition of records after review by convening authority
Section 5908 - Review by State Judge Advocate and Adjutant General
Section 5909 - Review by a board of review
Section 5910 - Review by Superior Court
Section 5911 - Appellate counsel
Section 5912 - Execution of sentence; suspension of sentence
Section 5913 - Vacation of suspension
Section 5914 - Petition for new trial
Section 5915 - Remission and suspension
Section 5917 - Finality of proceedings, findings and sentences