US Code

Public Law 119-87 (04/30/2026)

10 U.S.C. § 8461

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 Pub. L. 115–232, div. A, title VIII, § 807(c)(1)132 Stat. 1836 (, , § 6961; renumbered § 8461, , , .)

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

Pub. L. 115–232section 6961 of this title2018— renumbered as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Pub. L. 115–232section 800 of Pub. L. 115–232section 3001 of this titleAmendment by effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding .

Executive Documents

Delegation of Functions

section 301 of Title 3For 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 , The President.