10 U.S. Code § 9351 - Cadets: deficiencies in conduct or studies; effect of failure on successor

(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.

Source

(Aug. 10, 1956, ch. 1041, 70A Stat. 566.)

Historical and Revision Notes
Revised section Source (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In subsection (a), 10:1104 (last 20 words) is omitted as superseded by section 8287 (d) of this title.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.

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