§9451 — Title 10 Armed Forces | U.S. Code

Summary

If a cadet is reported for bad conduct or poor studies and a board recommends discharge, that cadet cannot come back or be reappointed unless the Academy Board says it’s okay. If a cadet fails a required exam because of one subject, they can write the Superintendent within 10 days to ask for a reexam. The reexam must be held within 60 days. If they pass and meet other requirements, they can be readmitted; if they fail, they cannot take another exam. If a member of a graduating class does not finish with the class, that does not delay their successor’s admission.

Title 10, §9451

Armed Forces — Source: USLM XML via OLRC

(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 Academy 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 Superintendent 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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 9351(a)9351(b)9351(c)10:1104.10:1103.10:1092b (1st proviso).Aug. 11, 1916, ch. 314 (3d, 4th, and 5th provisos under “Permanent Establishment”), 39 Stat. 493. R.S. 1325. June 30, 1950, ch. 421, § 2 (1st proviso), 64 Stat. 304. In subsection (a), 10:1104 (last 20 words) is omitted as superseded by section 8287(d) of this title.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.

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 9351 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.

§9451 Cadets: Deficiencies in Conduct or Studies; Effect of Failure on Successor

Summary

Title 10, §9451

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Citations & Metadata