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10 U.S.C. § 8462 — Midshipmen: discharge for unsatisfactory conduct or inaptitude

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 127 words · no verdicts yet

in plain englishAI-generated · not legal advice

If the Superintendent thinks a midshipman is misbehaving, or the Academic Board unanimously agrees a midshipman lacks what it takes to become an officer, the Superintendent reports it in writing. The midshipman gets to read the report and respond in writing. The Secretary can then discharge the midshipman if the finding seems reasonable and well founded.

(a) The Superintendent of the Naval Academy must send the Secretary of the Navy a full written report whenever: (1) the Superintendent decides a midshipman's conduct is unsatisfactory; or (2) the Academic Board unanimously decides a midshipman does not have enough aptitude to become a commissioned officer. (b) A midshipman who is the subject of such a report must be allowed to read it and submit a written response. If the Secretary believes, based on the report and the response, that the Superintendent's or Academic Board's finding is reasonable and well founded, the Secretary may discharge the midshipman from the Naval Academy and from the naval service.
the actual law source: uscode.house.gov ↗public domain
(a)

The Superintendent of the Naval Academy shall submit to the Secretary of the Navy in writing a full report of the facts—

(1)

whenever the Superintendent determines that the conduct of a midshipman is unsatisfactory; or

(2)

whenever the Academic Board unanimously determines that midshipman possesses insufficient aptitude to become a commissioned officer in the naval service.

(b)

A midshipman upon whom a report is made under subsection (a) shall be given an opportunity to examine the report and submit a written statement thereon. If the Secretary believes, on the basis of the report and statement, that the determination of the Superintendent or of the Academic Board is reasonable and well founded, he may discharge the midshipman from the Naval Academy and from the naval service.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 432, § 6962; renumbered § 8462, Pub. L. 115–232, div. A, title VIII, § 807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)

history & why it existsrecord from the source credit
  • 1956Enacted · Act of Aug. 10, 1956, ch. 1041
  • 2018Amended · Pub. L. 115-232 · 132 Stat. 1836

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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