. - 

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 citizens 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 

r_-gT egal res dents of this state at the time 

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 enactment 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 request. 

"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 modification by the Federal Government many 

problems have arisen and there is uncertainty in the meaning of the words 

Ihonorably discharged.' 

question is whether the a P-FE ove s a u e 

applies only to a discharge using the 

words, 'honorable discharge,' or does 

it also include discharges 'under honorable 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 honorable conditions are to be recognized, 

are all persons discharged 'under honorable conditions' entitled to the benefits 

of Article 2654b-l? If not, what standard is the University to apply in determining 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 military 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 discharged" 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 ;!ar veterans. 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-,norable Discharge" and the so-called "Blue Discharge" - 

and one discharge by Court-Martial - the "Dishonorable Dischare . " The United States Navy employed similar types of 

discharges plus one additional type of discharge by CourtMartial - 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 Certificate upon separation from the military service during this 

period has been "Honorably Discharged' from the military services under regulations pertaining to the "Honorable Discharge." 

All Honorable Discharge Certificates have employed therein 

the phrase "This is to Certify that John Doe vJas HONORABLY 

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 discharges "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 military 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 

’ 

BY zQ+f@-, f/- a 

Milton Richardson 

Assistant Attorney General 

MR:afg 

APPROVED: 

OPINION COMMITTEE 

Ho:rard W. Mays, Chairman 

Iola Wilcox 

Gordon Zuber 

W. 0. Shultz 

FiEVIEWED FOR THE ATTORNEY GENERAL 

BY: Houghton Brownlee, Jr.