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1964

Mr. C. F. McElhinney Senior'VicePresident OpinionNo.~C-317 University of Houston Re: Whether a discharged Houston, Texas veteran of World“War II, under the stated facts, Is eligible to receive bene~ffts

of Dear MI?;

McElhiMeg: the HazelwoodAct. We are in receipt of your letter in which you request an op‘infon'of thls'officeas to "whethera aischarged veteran of World War II, under the stated facts, is eligible to receive benefits of the Hazelwood Act."

In orderto answer your question, let us first examine the facts as stated in your letter. you state that the veteran seeking the-benefits underthe HazelwocdAct"ls a veteran of World War II, and that"he was honorablyaisoharged from the service. You further state that the veteran was discharged from the service at his own request approximately one (1) month prior to the terminationof his eighteen (18) month enlistment,such bai-lg terminationfrom service being for the purpose of preparationfor entrance Into a college or university.

Article 2654b-1, Vernon's Civil Statutes, is known as the UaielwoodAct. Section 1 of this Article provides that"certain

qualifiedveterans shall be,exempted from certain fees'and charges, includingtu'ition charges, at any of the several Institutions of collegiaterank which are supported in whole"or in part by public funds appropriated from the State Treasury.

Section 3 of the above Article provides that the benefits of Section 1 shall'aocrueto qualifiedveterans of World War II. Section 3 reads in part as follows:

“A31 of the above andforegoing provisions, conditionsand benefits hereinabovein this Article provided-forLn Section 1 and Section 2 shall apply and accrue to the benefit of all nurses,members of the Women's Army Auxfli.arg Corps, Women's AuxLliaryVolunteer Emergency Service, and all members of the United States
-1517-Mr. C. F. McElhlnney,page 2 (C-317)

Armed Forces, regardlessof whethermembers ofthe United States Army or'of~ the‘united Stietes Navy Or the United States Coast Guard, who have; or are now serving; or who may after the passage of this Act; serve ln the armed forces of the United States of America during the presentWorld WarNumber II, be'lng the war now being prosecuted,and which was entered into on or'shortlyafter-December 7, 1941, by the United Stat&s of Amer'lca against what are commonly known as the Axis Powers;.
. .'I ^'Sbctiofi 3 of Article 2654b-1 of Vernon's ClvII Statutes also plaaes aertaln llmltationson those veterans who are eligibleto receive bhef’its: One llmitat;ion bn ttie eligibilityto 'receive benefits 1s that the veteran musttiave been honorablydischarged from the services ln which he was tmgag'hd

. Other limitationsas to ellglbllltg under Section 3 are, and we quote:

., 1, .The provisionsof this Act shall not apilg'to or includeany member of such Unlted~States‘

Armed Forces, or other persons hereinabove

named, who were dlschafgad from the^'servlce

in which they were engagad because of being over the agzfoE thlrtg" eight (38) years.'or because Dersonal rebuebt on the Dart of suoh nerson to‘~be dlscharaad from such service.” (Emphasisoura) The preLlse question for our“conslderatlon is whether the veteran under the fasts stated above falls within the limitations

as to eligibilityfor benefitsunder the HazelwoodAct. We find that the provlblOnsof llmitat‘ion as to ellglbllity

under Section 3 are olear and unequivocal. Therefore, It Is the opinion of this office that this veteran,under the facts stated; should be denied benefitsunder the HazelwoodAat b&cause he was discharged from the service at his own personalrequest. SUMMARY
A veteran of World War II, under the facts stated,who was honorablydischarged from the service at his oyn personal request, 1s not ellglble for benefitsunder the HazelwoodAct. (Sec. 3, Art. 2654b-1,V.C.S.)

-1518.Mr. C. F. McElhinney,'page 3 (c-317)

Yours very truly, WAGGONER CARR Attorney General

By:

DA :bk APPROVED: OPINION COMMITTEE W. V.'Geppert, Chairman Pat Bailey Bob Flowers P&u1 Phy Wayne Rodgers APPROVSJ FOR THE ATTORNEY GENERAL By: Roger Tyler

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