[§124B-4]  Dismissal of commissioned officer.  (a)  If any commissioned officer, dismissed by order of the governor, makes a written application for trial by court-martial, setting forth, under oath or affirmation, that the officer has been wrongfully dismissed, the governor, as soon as practicable, shall convene a general court-martial to try that officer on the charges for which the officer was dismissed.  A court-martial so convened shall have jurisdiction to try the dismissed officer on those charges, and the officer shall be considered to have waived the right to plead any statute of limitations applicable to any offense with which the officer is charged.  The court-martial may, as part of its sentence, adjudge the affirmance of the dismissal; provided that if the court-martial acquits the accused or if the sentence adjudged, as finally approved, or affirmed, does not include dismissal, the adjutant general shall substitute for the dismissal ordered by the governor a form of discharge authorized for administrative issue.

     (b)  If the governor fails to convene a general court-martial within six months from the presentation of an application for trial under this chapter, the adjutant general shall substitute for the dismissal ordered by the governor a form of discharge authorized for administrative issue.

     (c)  If a discharge is substituted for a dismissal under this chapter, only the governor may reappoint the officer of the commissioned grade and with the rank as, in the opinion of the governor, that former officer would have attained had the former officer not been dismissed.  The reappointment of the former officer shall be made only if a vacancy is available under applicable tables of organization.  All time between the dismissal and the reappointment shall be considered as actual service for all purposes.

     (d)  If an officer is discharged from the organized militia by administrative action or by withdrawal of federal recognition boards proceedings under law or is dropped from the rolls by order of the governor, the officer shall have no right to trial under this section. [L 2022, c 286, pt of §2]