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U.S. Code as of:
01/19/04
Section 6961. 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.
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