(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.
Open Table| 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In subsection (a), 10:1104 (last 20 words) is omitted as superseded by section 8287(d) of this title.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.
Amendments
2018—Pub. L. 115–232 renumbered section 9351 of this title as this section.
Effective Date of 2018 Amendment
Amendment 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.
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