
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: 10USC6961]

 
                         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
        
    (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.)

                                          Historical and Revision Notes
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            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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6961..................................  34 U.S.C. 1062.                      Ap
r. 9, 1906, ch. 1370, Sec.  1, 34
                                                                              S
tat. 104.
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    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 Functions

    For 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.
