Honorable Thomas

Adjutant General Austin, Texas OJRNEE’ GENERAL OF XAS
AUSTIN a~.TExAs N&y7, 1962

S. Bishop of Texas Opinion No, WW-1330

Re: Whether State Service Medals may be purchased to be awarded to National Guardsmen of Texas out of the current appropriations to the Adjutant Dear General Bishop: General'sDepartment,

In your request for an opinion from this officeyou ask a questionwhich is substantiallyas follows:

Whether State Service Medals may be purchased to be awarded to National Guardsmen of Texas out of the current appropriations to theAdjutant General'sDepartment. That part of the current appropriations to the Adjutant General'sDepartment, Senate Bill No. 1, First Called Session, 57th Legislature, 1961, most pertinent to our discussionprovides as follows: "ADJUTANTGENERAL'SDEPARTMENT For the Years Ending August 31, 1962 August 31, 1963

"Out

II

. . “9. of the GeneralRevenue Fund

. $.
. $.
. For purchase of medals and awards to National Guardsmen as currently authorizedby statute, resolution or orders by the Adjutant General, the sum of $2,500 $2,500” By Adjutant General Order Number l-4 (Armyand Air) dated February 14, 1962, three state servicemedals were authorized to be awarded "to citizens of the State of Texas to denoteHonorable Thomas S. Bishop, page 2 (WW-1330)

the performance of duty while in active federal service or the performance of duty as members of the Texas National Guard (Army and Air), and may be worn on all appropriate occasions except while in the Active Federal Service,as distinguished from Active Duty for training." The three authorizedmedals mentioned above are listedas follows:

The Texas Meritorious ServiceMedal The Texas Faithful ServiceMedal The Texas Service Medal Paragraphnumber 10 of General Order Number l-4 prescribes the procedure for securingmedals. This provision is quoted as follows: "PROCEDUREFOR SECURINGMEDALS: a. Application for ServiceMedals will be submittedon an individual basis, In duplicate, on Forms approved by the Adjutant General (see inclosures 1, 2 and 3) which are authorized to be reproduced locally. When applicationhas been properlyprepared and certified, it shouldbe forwarded to the Adjutant General of Texas. "b. Due to limited fundsbeing made available for the purchase of Texas Service Medals, the normal practicewill be that the Statewill present only the Service ribbonwith attachments,as applicable, upon approval of the applicationby this Department. "C
. Individualswho desire to purchase any medal may do soby ordering same from Lauterstein's, 126 South Broadway, San Antonio, Texas, at a cost of $2.50plus 2% State Sales Tex. Order should include a copy of General Order awarding the medal and a check or money order In the amount specified above for each medal. I,

. . . "d. Application for the Texas Meritorious Service Medal must be forwarded through the Division or similarmajor organizationalCommander." Articles 5790 through 5794,Vernon's Civil Statutes, prescribe the statutorypowers and duties of the Adjutant General. We deem It~unnecessaryand In the Interest of brevity will not quote all of the Articles referred to above. However, the first paragraph of Article 5790,Vernon's Civil Statutes, andHonorable Thomas S. Bishop, page 3 (W-1330)

Article 5793,Vernon's Civil Statutes, respectively,are especially Important to the determinationof this question.

Article 5790 reads as follows: "TheAdjutant General shallbe in control of the militarydepartment of this State, and subordinateonly to the Governor in matters pertaining to said Department, or the military forces of this State; and he shall perform suchduties as the Governormay from time to time entrust to him, relative to the military commissions, the military forces, the military storesand supplies or to other matters respectingmilitary affairs of this State; and he shall conduct the business of the Department in such manner as the Governor shall direct. He shallhave the custody and charge of all books, records, papers, furniture, fixtures and other property relating to his Department, and shallperform as near as practicable, suchduties as pertain to the Chief of Staff, the Military Secretary and other Chiefs of Staff Departments, under the regulationsand customs of the United States Army. . . .' Article 5793 states: "TheAdjutant General shallprescribe regulations not inconsistentwith law for the government of his department and the custody, use and preservation of the records and property appertaining to it whether belonging to this or the United States, such regulations to be operative and in force when promulgated in the form of general orders, circulars or letters of instruction and shall:
. . .' A literal constructionof these provisions clearly show that the provisions of the appropriation to the Adjutant General's office for the purchase of servicemedals are in harmonywith the statutoryprovisionswhich specify the powers and duties of the Adjutant General.

Therefore, it is our opinion that the Adjutant General has authority to purchase medals to be awarded to National Guardsmen of Texas out of the currentappropriations to the Adjutant General'sDepartment.i

..

Honorable Thomas S. Bishop, page 4 (W-1330)

SUMMARY The Adjutant Generalhas authority to purchasemedals to be awarded to National Guardsmen of Texas out of the current appropriations to the Adjutant General's Department. Very trulyyours, WILL WILSON Attorney General of Texas

Williams, Jr. Assistant 1RW:mkh APPROVED: OPINION COMMITTEE W. V. Geppert,Chairman Jerry Roberts Dudley McCalla Arthur Sandlin Norman Suarez REVIEWED FOR THE ATTORNEY GENERAL BY: Houghton Brownlee, Jr.