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Title 10, Armed ForcesRelease 119-102

§8461 Midshipmen: Dismissal for Best Interests of the Service

Title 10 › Subtitle C — Navy and Marine Corps › PART III — EDUCATION AND TRAINING › CHAPTER 853 — UNITED STATES NAVAL ACADEMY › § 8461

Last updated Aug 21, 2026|Official source

Summary

If the Naval Academy leader thinks a midshipman should not stay because it hurts the service, they must send a written report to the Secretary of the Navy saying why. If the Secretary agrees, the midshipman gets a copy and a reasonable time to write back explaining why they should not be dismissed. After reading the reply, the Secretary can remove the midshipman from the Academy and the Navy only with the President’s written approval. A court of inquiry set up by the Secretary decides the truth of any factual issues raised, except for the midshipman’s demerit record.

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

Aug 21, 2026

Release point: 119-102