2010 US Code
Title 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART III - EDUCATION AND TRAINING
CHAPTER 603 - UNITED STATES NAVAL ACADEMY
Sec. 6961 - Midshipmen: dismissal for best interests of the service
View Metadata| Publication Title | United States Code, 2006 Edition, Supplement 4, Title 10 - ARMED FORCES |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 10 - ARMED FORCES Subtitle C - Navy and Marine Corps PART III - EDUCATION AND TRAINING CHAPTER 603 - UNITED STATES NAVAL ACADEMY Sec. 6961 - Midshipmen: dismissal for best interests of the service |
| Contains | section 6961 |
| Date | 2010 |
| Laws in Effect as of Date | January 7, 2011 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | Aug. 10, 1956, ch. 1041, 70A Stat. 432. |
| Statutes at Large Reference | 34 Stat. 104 |
§6961. Midshipmen: dismissal for best interests of the service
(a) Whenever the Superintendent of the Naval Academy believes that the continued presence of any midshipman at the Academy is contrary to the best interest of the service, he shall report in writing to the Secretary of the Navy a full statement of the facts upon which his belief is based. If the Secretary determines from the report that the Superintendent's belief is well founded, the Secretary shall serve a copy of the report on the midshipman. Within such time as the Secretary considers reasonable, the midshipman shall show cause in writing why he should not be dismissed from the Academy. The Secretary, after consideration of any cause so shown, and with the written approval of the President, may dismiss the midshipman from the Academy and from the naval service.
(b) The truth of any issue of fact raised under subsection (a), except as to the record of demerits, shall be determined by a court of inquiry convened by the Secretary.
(Aug. 10, 1956, ch. 1041, 70A Stat. 432.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6961 | 34 U.S.C. 1062. | Apr. 9, 1906, ch. 1370, §1, 34 Stat. 104. |
The words “court of inquiry” are substituted for the words “board of inquiry” to conform to the terminology of the Uniform Code of Military Justice. The words “under the rules and regulations for the government of the Navy” are omitted as unnecessary.
Delegation of FunctionsFor delegation to Secretary of Defense of authority vested in President by section 1062 of former Title 34, see Ex. Ord. No. 10621, July 1, 1955, 20 F.R. 4759, set out as a note under section 301 of Title 3, The President.
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