. 

1964 

Mr. C. F. McElhinney 

Senior'Vice President 

Opinion No.~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 Hazelwood Act. 

We are in receipt of your letter in which you 

request an op‘infon'of thls'office as to "whether a 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 Hazelwocd Act"ls a 

veteran of World War II, and that"he was honorably aisoharged 

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 termination of his eighteen (18) 

month enlistment, such bai-lg termination from service being 

for the purpose of preparation for entrance Into a college or 

university. 

Article 2654b-1, Vernon's Civil Statutes, is known 

as the Uaielwood Act. Section 1 of this Article provides 

that"certain qualified veterans shall be, exempted from 

certain fees'and charges, including tu'ition charges, at any 

of the several Institutions of collegiate rank 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'aocrue to qualified veterans of 

World War II. Section 3 reads in part as follows: 

“A31 of the above andforegoing provisions, 

conditions and benefits hereinabove in this 

Article provided-for Ln 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 AuxLliary Volunteer Emergency 

Service, and all members of the United States 

-1517- 
Mr. C. F. McElhlnney, page 2 (C-317) 

Armed Forces, regardless of whether members 

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 present World WarNumber II, 

be'lng the war now being prosecuted, and which 

was entered into on or'shortly after-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 llmltations on those veterans 

who are eligible to receive bhef’its: One llmitat;ion bn ttie 

eligibility to 'receive benefits 1s that the veteran musttiave 

been honorably discharged from the services ln which he was 

tmgag'hd . Other limitations as to ellglbllltg under Section 3 

are, and we quote: 

., 1, .The provisions of this Act shall 

not apilg'to or include any 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.” (Emphasis oura) 

The preLlse question for our“conslderatlon is 

whether the veteran under the fasts stated above falls within 

the limitations as to eligibility for benefits under the 

Hazelwood Act. We find that the provlblOns of 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 

benefits under the Hazelwood Aat b&cause he was discharged 

from the service at his own personal request. 

SUMMARY 

A veteran of World War II, under the facts 

stated, who was honorably discharged from the 

service at his oyn personal request, 1s not 

ellglble for benefits under the Hazelwood Act. 

(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 

-1519-