10 U.S.C. § 8462

Midshipmen: discharge for unsatisfactory conduct or inaptitude

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(a) The Superintendent of the Naval Academy shall submit to the Secretary of the Navy in writing a full report of the facts—(1) whenever the Superintendent determines that the conduct of a midshipman is unsatisfactory; or(2) whenever the Academic Board unanimously determines that midshipman possesses insufficient aptitude to become a commissioned officer in the naval service.(b) A midshipman upon whom a report is made under subsection (a) shall be given an opportunity to examine the report and submit a written statement thereon. If the Secretary believes, on the basis of the report and statement, that the determination of the Superintendent or of the Academic Board is reasonable and well founded, he may discharge the midshipman from the Naval Academy and from the naval service.(Aug. 10, 1956, ch. 1041, 70A Stat. 432, § 6962; renumbered § 8462, Pub. L. 115–232, div. A, title VIII, § 807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
6962	34 U.S.C. 1062a.	Dec. 11, 1945, ch. 562, 59 Stat. 605.

Editorial NotesAmendments

2018—Pub. L. 115–232 renumbered section 6962 of this title as this section.

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 2020–2026 · leading case: Cho (D. Maryland 2026).

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Cho (D. Maryland 2026). · cites it 15× “Statutory Disenrollment Procedures Under 10 U.S.C. § 8462 , Congress provided general instruction as to discharge of midshipmen for unsatisfactory conduct or inaptitude.”

Standage v. Braithwaite (D. Maryland 2020). · cites it 10× “Thereafter, Vice Admiral Sean Buck, Superintendent of the Naval Academy, determined that plaintiff’s tweets constituted “unsatisfactory conduct” under 10 U.S.C. § 8462 , for which he has recommended plaintiff’s discharge.”

Standage v. Braithwaite (D. Maryland 2021). · cites it 10× “Thereafter, Vice Admiral Sean Buck, Superintendent of the Naval Academy, determined that plaintiff’s tweets constituted “unsatisfactory conduct” under 10 U.S.C. § 8462 , for which he has recommended plaintiff’s discharge.”

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