Title 10 — Armed ForcesRelease 119-73
§8461 Midshipmen: dismissal for best interests of the service
Title 10 › Subtitle Subtitle C— - Navy and Marine Corps › Part PART III— - EDUCATION AND TRAINING › Chapter CHAPTER 853— - UNITED STATES NAVAL ACADEMY › § 8461
Summary
Superintendent must send a written report to the Secretary when he believes a midshipman should be removed for the service’s best interest. If the Secretary agrees, the midshipman gets a copy, a set time to reply in writing, and, with the President’s written approval, may be dismissed from the Academy and naval service. A Secretary-called court of inquiry decides factual disputes except demerits.
Full Legal Text
Title 10, §8461
Armed Forces — Source: USLM XML via OLRC
(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.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large) 696134 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 AmendmentAmendment 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.
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, July 1, 1955, 20 F.R. 4759, set out as a note under section 301 of Title 3, The President.
Reference
Citations & Metadata
Citation
10 U.S.C. § 8461
Title 10 — Armed Forces
Last Updated
Apr 6, 2026
Release point: 119-73