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U.S. Code as of:
01/19/04
Section 6956. Midshipmen: nomination and selection to fill vacancies
(a) If the annual quota of midshipmen from -
(1) enlisted members of the Regular Navy and the Regular Marine
Corps;
(2) enlisted members of the Naval Reserve and the Marine Corps
Reserve; or
(3) at large by the President;
is not filled, the Secretary may fill the vacancies by nominating
for appointment other candidates from any of these sources who were
found best qualified on examination for admission and not otherwise
nominated.
(b) If it is determined that, upon the admission of a new class
to the Academy, the number of midshipmen at the Academy will be
below the authorized number, the Secretary may fill the vacancies
by nominating additional midshipmen from qualified candidates
designated as alternates and from other qualified candidates who
competed for nomination and are recommended and found qualified by
the Academic Board. At least three-fourths of those nominated under
this subsection shall be from qualified alternates under clauses
(2) through (8) of section 6954(a) of this title, and the remainder
shall be from qualified candidates who competed for appointment
under any other provision of law. An appointment of a nominee under
this subsection is an additional appointment and is not in place of
an appointment otherwise authorized by law.
(c) The failure of a member of a graduating class to complete the
course with his class does not delay the appointment of his
successor.
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