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## THEATTORNEYGENERAL

OF TEiXAS

WILL WILSON ATTORNEY GENERAL
January 26~,1962

Honorable Thornton Hardie OpinionNO. ~-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 Legislatureapplies to miiitary serviceveterans, otherwisequalified,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 institutionsof collegiate rank, supported in whole or in part by public funds appropriated from the State Treasury,are hereby authorizedand 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 servedduring 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 -7d dischar ed therefromand who were bona r_-gT egal res dents of this state at the time of entering such service, from the payment of all dues, fees and chargeswhatsoever, including fees for correspondencecourses;

. . .' (Emphasisadded)

Your letter then makes the following statementsand 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.
"Article2654b-1 was amended in 1959 by the 56th Legislature, Second Called Session, but no referencewas made to the various types of honorabledischarges which are issued. In view of the modificationby the Federal Governmentmany problems have arisen and there is uncertainty in the meaning of the words Ihonorablydischarged.' P-FE question is whether the a ove s a u e applies only to a discharge using the words, 'honorabledischarge,' or does it also includedischarges 'underhonorable conditions.'We are informed that discharges 'underhonorable conditions' are given in connectionwith a number of the types listed, and in some instances
even though moral implicationsare involved. If dischargesunder honorable conditionsare to be recognized, are all persons discharged 'underhonorable conditions'entitled to the benefits ofArticle 2654b-l? If not, what standard is the University to apply in determining those eligibleand what is the extent of the University's obligation to investigatethe facts and reasons behind each such discharge?" (Emphasisadded)
When construing technicalwords of a particular art, trade or subjectmatter which are contained in a Texas statute, it is necessary to give suchwords the meaning which they are given by the experts of the particularart, trade, or subjectmatter. 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 originalact 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 "honorablydischarged."

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-AmericanWar and World War I veterans who are "honorablydischarged" from suchmilitary 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 "honorablydischarged" 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 StatesArmy employed two administrativedischarges - the "H-,norable

Discharge" and the so-called "BlueDischarge" - and one discharge by Court-Martial- the "DishonorableDischare

." The United States Navy employed similar types of dischargesplus one additional type of discharge by CourtMartial - the "Bad Conduct Discharge."

A review of the United States'Military Services regulations regarding separationfrom military servicefrom the period of 1918 to 1959 and the discharge certificates issued thereunder,reveals that an "HonorableDischarge" is a categoric term or phrase applied to a specifictype or kind of discharge. It is not a generic term applying to discharges that are other than "DishonorableDischarges." Likevlise,

one who has receivedan HonorableDischarge Certificate upon separationfrom the military serviceduring this period has been "HonorablyDischarged' from the military services under regulationspertaining to the "HonorableDischarge." All HonorableDischarge Certificateshave 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 authorizedby Title 10, U.S.C.A., the Department of Defense of the United States of America issuedDirective No. 1332.14which required the defense subdepartmentswithin 90 days after said directive's issuance to standardizedischarges from their respective military services so as to conform to Directive No. 1332.14. This directiveprovided for three categories of administrative discharges - "HonorableDischarge," "GeneralDischarge" and "UndesirableDischarge," and two court-martialdischarges - "DishonorableDischarge" and "Bad ConductDischarge."

It should again be emphasized that under Directive No. 1332.14 the "HonorableDischarge" remained a specific category or type of discharge. So you are in error in your opinion requestwhen you state that over the years the Federal Governmenthas modified the discharges from the military service so that there are now many types of discharges "relatingto the honorabledischarge of military personnel." There is stillbut one type or category of "HonorableDischarge" 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 existedbefore 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 veteranswho are "HonorablyDischarged" from the military service of the United States. By this action the Legislature clearlymanifested its intent to apply the samemeaning to the phrase "HonorablyDischarged," as was applied to it by the Department of Defense when DirectiveNo. 1332.14was issued, and to have this meaning apply to those war veterans discharged from military serviceafter the 1959 statutory amendment.

You are therefore informed, in answer to your first question, thatArticle 2654b-1 applies only to an "Honorable Discharge" and does not apply to any other categories of discharges issued administrativelyfrom the military services of the United States or issuedby court-martialfrom 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 "HONORABIZDISCHARGE" from the military services of the United States.

Yours very truly,

WILL WILSON Attorney General of Texas

’ 

# BY zQ+f@-, /- f a
Milton Richardson AssistantAttorney General
MR:afg

APPROVED:

OPINION COMMITTEE Ho:rard

W. Mays, Chairman
Iola Wilcox Gordon Zuber W. 0. Shultz
FiEVIEWED

FOR THE ATTORNEY GENERAL BY: HoughtonBrownlee, Jr.