Title 10 — Armed Forces
Part III · Chapter 853 — United States Naval Academy
§ 8461. Midshipmen: dismissal for best interests of the service
Statutory text
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.
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Aug. 10, 1956, ch. 1041, 70A Stat. 432, § 6961 · 70A Stat. 432
Enacted · 10 U.S.C. § 8461
Aug. 10, 1956, ch. 1041, 70A Stat. 432, § 6961
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 432, § 6961John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 div. A title VIII § 807(c)(1) · 132 Stat. 1636
Changed · 10 U.S.C. § 8461
Pub. L. 115–232 renumbered section 6961 of this title as this section
Source evidence
Code amendment note
Pub. L. 115–232 renumbered section 6961 of this title as this section.Enacted provision · exact public law section
(1) In general.— Except as provided in paragraph (2), each section in part III of such subtitle is 10 USC 8411–8413, 8415, 8431, 8451–8456, 8458–8481, 8541–8550, 8581–8588. redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 1,500.Effective date note
Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
1 of 2 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| 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.
Editorial Notes
Amendments
2018—Pub. L. 115–232 renumbered section 6961 of this title as this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–232 effective , with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
Executive Documents
Delegation of Functions
For delegation to Secretary of Defense of authority vested in President by section 1062 of former Title 34, see Ex. Ord. No. 10621, , 20 F.R. 4759, set out as a note under section 301 of Title 3, The President.
Credits
1956–2018 · 2 acts
- 1956Aug. 10, 1956, ch. 1041, 70A Stat. 432, § 6961
- 2018renumbered § 8461, Pub. L. 115–232, div. A, title VIII, § 807(c)(1), , 132 Stat. 1836.
Show as published
(Aug. 10, 1956, ch. 1041, 70A Stat. 432, § 6961; renumbered § 8461, Pub. L. 115–232, div. A, title VIII, § 807(c)(1), , 132 Stat. 1836.)