Untitled Texas Attorney General Opinion ( 1962 )


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  •     .    -
    THEATTORNEYGENERAL
    OF   TEiXAS
    WILL   WILSON
    ATTORNEY    GENERAL
    January 26~,1962
    Honorable Thornton Hardie        Opinion NO. ~-1246
    Chairman, Board of Regents
    The University of Texas          Re:   Whether Article 2654b-1,
    P. 0. Box 92                           Vernon's Civil Statutes,
    El Paso, Texas                         as amended by Acts 56th
    Legislature applies to
    miiitary service veterans,
    otherwise qualified, who
    have not been "honorably
    discharged" from such
    Dear Mr. Hardie                        military service.
    In a recent opinion request of this office, you
    quote in part from Article 2654b-1, V.C.S. Said Article
    reads in part:
    "Section 1. The governing boards
    of the several institutions of collegiate
    rank, supported in whole or in part by
    public funds appropriated from the State
    Treasury, are hereby authorized and
    directed to except and exempt all citi-
    zens of Texas, who have resided in Texas
    for a period of not less than twelve (12)
    months prior to the date of registration,
    and VJhO served during the Spanish-American
    and/or during the World War as nurses or
    in the Armed Forces of the United States
    during the World War, and who are honorabl
    dischar ed therefrom and who were -7d
    bona
    egal res dents of this state at the time
    r_-gT
    of entering such service, from the payment
    of all dues, fees and charges whatsoever,
    including fees for correspondence courses;
    . . .' (Emphasis added)
    Your letter then makes the following statements and asks the
    following questions:
    -     .
    Honorable Thorton Hardie, page 2   (~-1246)
    "At the time of the first enact-
    ment relating to the exemption of fees
    it was generally understood that there
    was only one type of honorable discharge.
    Over the years the Federal Government
    has modified the types of discharges to
    be issued. Apparently there are many
    relating to the honorable discharge of
    military personnel. These are reflected
    in the list attached to this opinion re-
    quest.
    "Article 2654b-1 was amended in 1959
    by the 56th Legislature, Second Called
    Session, but no reference was made to the
    various types of honorable discharges
    which are issued. In view of the modifi-
    cation by the Federal Government many
    problems have arisen and there is uncer-
    tainty in the meaning of the words
    Ihonorably discharged.'
    question is whether the aP-FE
    ove s a u e
    applies only to a discharge using the
    words, 'honorable discharge,' or does
    it also include discharges 'under honor-
    able conditions.' We are informed that
    discharges 'under honorable conditions'
    are given in connection with a number
    of the types listed, and in some instances
    even though moral implications are
    involved. If discharges under honor-
    able conditions are to be recognized,
    are all persons discharged 'under honor-
    able conditions' entitled to the benefits
    of Article 2654b-l? If not, what stand-
    ard is the University to apply in deter-
    mining those eligible and what is the
    extent of the University's obligation to
    investigate the facts and reasons behind
    each such discharge?" (Emphasis added)
    When construing technical words of a particular
    art, trade or subject matter which are contained in a Texas
    statute, it is necessary to give such words the meaning which
    they are given by the experts of the particular art, trade,
    or subject matter. Article 10, Subdivision 1, Revised Civil
    Statutes of Texas, 1925. As a consequence, it is proper to
    .   -
    Honorable Thornton Hardie, page 3 (``-1246)
    consider the meaning attaching to such words of art at the
    time of the passage of the original act as well as at the
    time of passage of amendments to said act employing such
    words. In the instant case the words in question are
    "honorably discharged."
    Article 2654b-1 was first enacted in 1933 by Acts
    43rd Leg., 1933, 1st C.S., Ch. 6, p. 10 and Section 1 thereo:f
    provided for free tuition for Spanish-American War and World
    War I veterans who are "honorably discharged" from such mili-
    tary service.
    In 1343 by Acts 48th Leg. 1943, Ch. 337, p. 568,
    Section 3 was added to said article so as to extend free
    tuition to veterans of World War II who are "honorably dis-
    charged" from the military service.
    In 1953 by Acts 53rd Leg., 1953, Ch. 55, P. 75,
    the benefits of Section 1 of Article 2654b-1 were extended
    to include Korean ;!arveterans. This extension of benefits
    was made by a reference to Section 1.
    During the period from 1917, 1913 to 1959, the
    United States Army employed two administrative discharges -
    the "H-,norableDischarge" and the so-called "Blue Discharge" -
    and one discharge by Court-Martial - the "Dishonorable Dis-
    chare ." The United States Navy employed similar types of
    discharges plus one additional type of discharge by Court-
    Martial - the "Bad Conduct Discharge."
    A review of the United States' Military Services
    regulations regarding separation from military service from
    the period of 1918 to 1959 and the discharge certificates
    issued thereunder, reveals that an "Honorable Discharge" is
    a categoric term or phrase applied to a specific type or
    kind of discharge. It is not a generic term applying to
    discharges that are other than "Dishonorable Discharges."
    Likevlise,one who has received an Honorable Discharge Certifi-
    cate upon separation from the military service during this
    period has been "Honorably Discharged' from the military ser-
    vices under regulations pertaining to the "Honorable Discharge."
    All Honorable Discharge Certificates have employed therein
    the phrase "This is to Certify that John Doe vJasHONORABLY
    DISCHARGED from the . . . ."
    -      1
    Honorable Thornton Hardie, page 4 (w-1246)
    On January 14, 1959, as authorized by Title 10,
    U.S.C.A., the Department of Defense of the United States of
    America issued Directive No. 1332.14 which required the
    defense subdepartments within 90 days after said directive's
    issuance to standardize discharges from their respective
    military services so as to conform to Directive No. 1332.14.
    This directive provided for three categories of administrative
    discharges - "Honorable Discharge," "General Discharge" and
    "Undesirable Discharge," and two court-martial discharges -
    "Dishonorable Discharge" and "Bad Conduct Discharge."
    It should again be emphasized that under Directive
    No. 1332.14 the "Honorable Discharge" remained a specific
    category or type of discharge. So you are in error in your
    opinion request when you state that over the years the
    Federal Government has modified the discharges from the
    military service so that there are now many types of dis-
    charges "relating to the honorable discharge of military
    personnel." There is still but one type or category of
    "Honorable Discharge" from the military service of the
    United States.
    In July of 1959, the Legislature of the State of
    Texas re-enacted Section 1 of Article 2654b-1 in substa;t?;;lly
    the same form as it existed before such re-enactment.
    56th Leg. 1959, 2nd C.S., Ch. 12, p. 99. Said re-enactment
    again stated that the benefit of free tuition was to apply
    to veterans who are "Honorably Discharged" from the military
    service of the United States. By this action the Legislature
    clearly manifested its intent to apply the same meaning to
    the phrase "Honorably Discharged," as was applied to it by
    the Department of Defense when Directive No. 1332.14 was
    issued, and to have this meaning apply to those war veterans
    discharged from military service after the 1959 statutory
    amendment.
    You are therefore informed, in answer to your first
    question, that Article 2654b-1 applies only to an "Honorable
    Discharge" and does not apply to any other categories of
    discharges issued administratively from the military services
    of the United States or issued by court-martial from the mili-
    tary services of the United States.
    .
    Honorable Thornton Hardle, page   5 (~-1246)
    SUMMARY
    Article 2654b-1, V.C.S., applies
    only to veterans of the Spanish-American
    War, World War I, World War II and the
    Korean War who have been granted an
    "HONORABIZ DISCHARGE" from the military
    services of the United States.
    Yours very truly,
    WILL WILSON
    Attorney General of Texas
    ’
    zQ+f@-,f /-
    BYMilton                       a
    Richardson
    Assistant Attorney General
    MR:afg
    APPROVED:
    OPINION COMMITTEE
    Ho:rardW. Mays, Chairman
    Iola Wilcox
    Gordon Zuber
    W. 0. Shultz
    FiEVIEWEDFOR THE ATTORNEY GENERAL
    BY: Houghton Brownlee, Jr.
    

Document Info

Docket Number: WW-1246

Judges: Will Wilson

Filed Date: 7/2/1962

Precedential Status: Precedential

Modified Date: 2/18/2017