10 U.S.C. § 6962
Section 6962 · Midshipmen: discharge for unsatisfactory conduct or inaptitude
Amended 1 time on record
Applied in 13 court decisions — leading case Wimmer v. Lehman (1983)
Most recently applied in 335 F. Supp. 3d 72 - Turner v. Spencer (November 2018)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(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.