§5106. Dismissal of commissioned officer.

(a) Court-martial proceedings.--Any commissioned officer subject to this part dismissed by order of the Governor may make a written application for trial by court-martial, setting forth, under oath, that the officer has been wrongfully dismissed. In such event, the Governor, as soon as practicable, shall convene a general court-martial to try such officer on the charges on which the officer was dismissed. A court-martial so convened shall have jurisdiction to try the dismissed officer on such charge, 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, but, 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) Failure to convene court-martial.--If the Governor fails to convene a general court-martial within six months from the presentation of an application for trial under this section, the Adjutant General shall substitute for the dismissal ordered by the Governor a form of discharge authorized for administrative issue.