Honorable Thomas 

Adjutant General 

Austin, Texas 

OJRNEE’ GENERAL 

OF XAS 

AUSTIN a~.TExAs 

N&y 7, 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's Department, 

In your request for an opinion from this office you 

ask a question which is substantially as follows: 

Whether State Service Medals may be purchased to be awarded to National Guardsmen 

of Texas out of the current appropriations to 

the Adjutant General's Department. 

That part of the current appropriations to the Adjutant 

General's Department, Senate Bill No. 1, First Called Session, 

57th Legislature, 1961, most pertinent to our discussion provides 

as follows: 

"ADJUTANT GENERAL'S DEPARTMENT 

For the Years Ending 

August 31, 

1962 

August 31, 

1963 

"Out 

II 

. . 

“9. 

of the General Revenue Fund 

. $. . $. . 

For purchase of medals and 

awards to National Guardsmen 

as currently authorized by 

statute, resolution or orders 

by the Adjutant General, the 

sum of $2,500 $2,500” 

By Adjutant General Order Number l-4 (Army and Air) 

dated February 14, 1962, three state service medals were authorized to be awarded "to citizens of the State of Texas to denote 
Honorable 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 authorized medals mentioned above 

are listed as follows: 

The Texas Meritorious Service Medal 

The Texas Faithful Service Medal 

The Texas Service Medal 

Paragraph number 10 of General Order Number l-4 prescribes the 

procedure for securing medals. This provision is quoted as 

follows: 

"PROCEDURE FOR SECURING MEDALS: a. Application 

for Service Medals will be submitted on 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 application has 

been properly prepared and certified, it should be 

forwarded to the Adjutant General of Texas. 

"b. Due to limited funds being made available 

for the purchase of Texas Service Medals, the normal 

practice will be that the State will present only 

the Service ribbon with attachments, as applicable, 

upon approval of the application by this Department. 

"C . Individuals who desire to purchase any 

medal may do so by ordering same from Lauterstein's, 

126 South Broadway, San Antonio, Texas, at a cost 

of $2.50 plus 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 similar major organizational Commander." 

Articles 5790 through 5794, Vernon's Civil Statutes, 

prescribe the statutory powers and duties of the Adjutant General. 

We deem It ~unnecessary and 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, and 
Honorable Thomas S. Bishop, page 3 (W-1330) 

Article 5793, Vernon's Civil Statutes, respectively, are especially 

Important to the determination of this question. 

Article 5790 reads as follows: 

"The Adjutant General shall be in control 

of the military department of this State, and 

subordinate only to the Governor in matters pertaining to said Department, or the military forces 

of this State; and he shall perform such duties 

as the Governor may from time to time entrust to 

him, relative to the military commissions, the 

military forces, the military stores and supplies 

or to other matters respecting military affairs 

of this State; and he shall conduct the business 

of the Department in such manner as the Governor 

shall direct. He shall have the custody and charge 

of all books, records, papers, furniture, fixtures 

and other property relating to his Department, and 

shall perform as near as practicable, such duties 

as pertain to the Chief of Staff, the Military 

Secretary and other Chiefs of Staff Departments, 

under the regulations and customs of the United 

States Army. . . .' 

Article 5793 states: 

"The Adjutant General shall prescribe regulations not inconsistent with 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 construction of these provisions clearly show that the 

provisions of the appropriation to the Adjutant General's office 

for the purchase of service medals are in harmony with the 

statutory provisions which 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 current appropriations to the 

Adjutant General's Department. 
i . . 

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

SUMMARY 

The Adjutant General has authority to purchase medals to be awarded to National 

Guardsmen of Texas out of the current 

appropriations to the Adjutant General's 

Department. 

Very truly yours, 

WILL WILSON 

Attorney General of Texas 

Williams, Jr. 

1RW:mkh Assistant 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Jerry Roberts 

Dudley McCalla 

Arthur Sandlin 

Norman Suarez 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Houghton Brownlee, Jr.