
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC4351]

 
                         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
        
    (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.)

                                          Historical and Revision Notes
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
4351(a)...............................  10:1104.                             Au
g. 11, 1916, ch. 314 (3d, 4th,
4351(b)...............................  10:1103.                              a
nd 5th provisos under ``Permanent
4351(c)...............................  10:1092b (1st proviso).               E
stablishment''), 39 Stat. 493.
                                        ...................................  R.
S. 1325.
                                        ...................................  Ju
ne 30, 1950, ch. 421, Sec.  2
                                                                              (
1st proviso), 64 Stat. 304.
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---------------------------------

    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.
