2013 US Code
Title 10 - Armed Forces
Subtitle B - Army (§§ 3001 - 4842)
Part III - TRAINING (§§ 4301 - 4417)
Chapter 403 - UNITED STATES MILITARY ACADEMY (§§ 4331 - 4361)
Section 4351 - Cadets: deficiencies in conduct or studies; effect of failure on successor
Publication Title | United States Code, 2012 Edition, Supplement 1, 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 B - Army PART III - TRAINING CHAPTER 403 - UNITED STATES MILITARY ACADEMY Sec. 4351 - Cadets: deficiencies in conduct or studies; effect of failure on successor |
Contains | section 4351 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Aug. 10, 1956, ch. 1041, 70A Stat. 244. |
Statutes at Large References | 39 Stat. 493 64 Stat. 304 117 Stat. 1465 |
Public Law Reference | Public Law 108-136 |
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(a) A cadet who is reported as deficient in conduct or studies and recommended to be discharged from the Academy may not, unless recommended by the Academic Board, be returned or reappointed to the Academy.
(b) Any cadet who fails to pass a required examination because he is deficient in any one subject of instruction is entitled to a reexamination of equal scope and difficulty in that subject, if he applies in writing to the Academic Board within 10 days after he is officially notified of his failure. The reexamination shall be held within 60 days after the date of his application. If the cadet passes the reexamination and is otherwise qualified, he shall be readmitted to the Academy. If he fails, he may not have another examination.
(c) The failure of a member of a graduating class to complete the course with his class does not delay the admission of his successor.
(Aug. 10, 1956, ch. 1041, 70A Stat. 244.)
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
4351(a) 4351(b) 4351(c) | 10:1104. 10:1103. 10:1092b (1st proviso). | Aug. 11, 1916, ch. 314 (3d, 4th, and 5th provisos under "Permanent Establishment"), 39 Stat. 493. |
R.S. 1325. | ||
June 30, 1950, ch. 421, §2 (1st proviso), 64 Stat. 304. |
In subsection (a), 10:1104 (last 20 words) is omitted as superseded by section 3287(d) of this title.
In subsection (b), the words "is entitled to" are substituted for the words "shall have the right to apply". The words "of equal scope and difficulty in that subject" are substituted for the words "by compliance with the requirements existing at the time of the first examination".
In subsection (c), the words "by reason of sickness, or deficiency in his studies, or other cause" are omitted as surplusage.
READMISSION TO SERVICE ACADEMIES OF CERTAIN FORMER CADETS AND MIDSHIPMENPub. L. 108–136, div. A, title V, §525, Nov. 24, 2003, 117 Stat. 1465, provided that:
"(a)
"(2) A finding specified in this paragraph is a finding that substantiates that a former service academy cadet or midshipman, while attending the service academy—
"(A) received administrative or punitive action or nonjudicial punishment as a result of reprisal;
"(B) resigned in lieu of disciplinary, administrative, or other action that the formal report concludes constituted a threat of reprisal; or
"(C) otherwise suffered an injustice that contributed to the resignation of the cadet or midshipman.
"(b)
"(c)
"(d)
"(e)
"(f)
"(1) The United States Military Academy.
"(2) The United States Naval Academy.
"(3) The United States Air Force Academy."
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