FVIlLL WILSON 

ATI-0RNEY GENERAL 

Aus-rxzs PIL. TEXAS 

October 18, 1962 

Mr. Charles L. Morris 

Executive Director 

Veterans Affairs Commission 

Austin, Texas 

Opinion No. WW-1453 

Re : Whether certain State employees 

will be eligible to be restored 

to state employment under Article 6252-4, Vernon's Civil StatDear Mr. Morris: utes, under stated facts. 

From your letter requesting an opinion from this office, we quote as follows: 

“We desire the opinion of your office concerning re-employment rights for State employees after 

serving with the Armed Forces, as enacted in Article 6252-4, Vernon's Civil Statutes. 

"This office has had inquiries from State agencies concerning State employees who were called into 

active duty with the 49th Armored Division in 1961, 

and were to have been released with other members of 

the 49th Division in August, 1962. Certain State 

employees have requested, and have been ordered to 

another year of active duty. 

l'Your opinion is requested as to whether these 

certain State employees will be eligible for restoration of State employment after being released from 

this subsequent period of service. 

"Your opinion is necessary due to the fact that 

State agencies need a clarification of this Statute, 

concerning re-employment of State employees when 

they are eventually released from the Armed Forces, 

so that employment of personnel and other personnel 

practices can be planned in accordance with your 

construction of this Statute." 
Mr. Charles L. Morris, page 2 ww-1453) 

In 1961~~ with the nation concerned with the crisis 

over Berlin, the President declared that there existed a state 

of national emergency, and requested Congress to grant him the 

power to order to active federal duty certain units and members 

of the 'Ready Reserve.' 

Congress responded to the President's request by passing a Joint Resolution which authorized the President to order 

units and members in the Ready Reserve to active federal military duty for a period of not more than twelve months. Also, 

this Resolution provided that the President, prior to the expiration of the initial period, could authorize the Secretary of 

Defense to extend the military status of such units and members 

for an additional twelve month period. 

This Joint Resolution of Congress reads as follows: 

"ARMED FORCES-READY RESERVE 

PUBLIC LAW 87-117: 75 STAT. 24? 

(S.J. Res. 120) 

"Joint Resolution to authorize the President 

to order units and members in the Ready Reserve 

to active duty for not more than twelve months, 

and for other purposes. 

"Resolved by the Senate and House of Representatives of the United States of America in Congress 

assembled, That: 

"Notwithstanding any other provision of law, 

until July 1, 1962, the President may, without 

the consent of the persons concerned, order any 

unit, and any member not assigned to a unit organized to serve as a unit, in the Ready Reserve of 

an armed force to active duty for not more than 

twelve consecutive months. However, not more than 

two hundred and fifty thousand members of the Ready 

Reserve may be on active duty (other than for 

training), without their consent, under this section at any one time. 

Vet. 2. Notwithstanding any other provision 

of law, until July 1, 1962, the President may authorize the Secretary of Defense to extend enlistments, appointments, periods of active duty, 

periods of active duty for training, periods of 

obligated service, or other military status, in 
Mr. Charles L. Morris, page 3 (~~-14.53) 

any component of an armed force or in the National Guard that expire before July 1, 1962, 

for not more than twelve months. 

"Approved August 1, 1961." 

Pursuant to this Resolution and pre-existing statutory 

authorization, the President issued the following executive orders: 

"EXECUTIVE ORDERS 

NO. 10957 

August 15, 1961, 26 F.R. 7541 

"ASSIGNING AUTHORITY WITH RESPECT TO ORDERING 

PERSONS AND UNITS IN THE READY RESERVE TO 

ACTIVE DUTY AND WITH RESPECT TO THE EXTENTION 

OF ENLISTMENTS AND OTHER PERIODS OF SERVICE IN 

THE ARMED FORCES 

"By virtue of the authority vested in me by 

the Joint Resolution of August 1, 1961 (P.L. 87- 

117), and by section 301 of title 3 of the United 

States Code and as President of the United States, 

it is hereby ordered as follows: 

"Section 1. The Secretary of Defense, and, 

when designated by him for the purpose, any of 

the Secretaries of the military departments of the 

Department of Defense, are hereby authorized and 

empowered to exercise the authority vested in the 

President until July 1 1962, by section 1 of the 

Act of August 1, 1961 tPublic Ian 87-117) to order 

without the consent of the persons concerned, any 

unit, and any member not assigned to a unit organized to serve as a unit, in the Ready Reserve of 

an armed force to active duty for not more than 12 

consecutive months, provided there are not more 

than 250,000 members of the Ready Reserve thereby 

on active duty (other than for training) without 

their consent at any one ,time. However, the Secretary of Defense may not order any unit in the 

Ready Reserve of an armed force to active duty, 

other than active duty for training under this section without the approval of the President. 

"Section 2. In pursuance of the provisions 

of section 2 of the said Joint Resolution of August 
Mr. Charles L. Morris, page 4 (W-1453) 

1, 1961, the Secretary of Defense is hereby authorized to extend enlistments, appointments, 

periods of active duty, periods of active duty 

for training, periods of obligated service, or 

other military status, in any component of an 

armed force or in the National Guard that expire before July 1, 1962, for not more than 

twelve months. 

JOHN F. KENNEDY 

THE WHITE HOUSE 

August 10, 19bP 

In accordance with these executive orders, the Secretary of Defense in the fall of 1961, ordered the 49th Armored 

Division to active federal duty. , 

Section 1 of Article 6252-4 reads as follows: 

"Sec. 1. Any employee of the State of 

Texas, other than a temporary employee, an 

elected official or one serving under an appointment which requires confirmation by the Senate, 

who leaves his position in time of war or during 

the national emergency and enters the military, 

air or naval forces of the United States or other 

active Federal military duty or service by reason 

of induction into the armed forces of the United 

States or in compliance with orders to active 

Federal military duty, or enters service as a 

member of the Texas National Guard or Texas State 

Guard or as a member of any of the reserve components of the Armed Forces of the United States 

shall, if discharged, separated or released from 

such active military service under honorable conditions, be restored to employment in the same 

department, office, commission, board or other 

agency of the State constituting employment by 

the State of Texas, and to the same position 

held at the time of induction or order to active 

Federal or State military duty or service, or t0 

a position of like seniority, status and pay if 

still physically and mentally qualified to perform the duties of such position." 

There are no provisions in this Section which limit or 

otherwise specify the period of time a State employee is authorized to serve on active federal duty in order to be entitled 

upon honorable release to restoration of State employment. It 
Hr. Charles L. Morris, page 5 (w-1453) 

is our opinion that once a State employee, in time of national 

emergency, complies with an order to active federal military 

duty, the period of service is immaterial to the right of restoration of State employment. We are of the opinion that such 

right vests at the time such individual is discharged, separated or released from active federal service under honorable 

conditions. 

On the basis of the clear and unambiguous language of 

this Section, you are advised that those State employees, other 

than a temporary employee, an elected official, or one serving 

under an appointment which requires confirmation by the Senate, 

who leave their positions in time of national emergency in compliance with an order to active federal service in the Armed 

Forces of the United States, are entitled, upon release under 

honorable conditions from active duty, to restoration of State 

employment in the same position held at the time of the order 

to active federal duty, or to a position of like seniority, 

status and pay if still physically and mentally qualified to 

perform the duties of such positions. 

SUMMARY 

Certain State employees are entitled to restoration of State employment, upon release from active 

federal military duty. 

Sincerely yours, 

WILL WILSON 

Attorney General of Texas 

IRW :mkh :wb Assistant 

APPROVED: 

OPINION COMMITTEE 

Howard Mays, Chairman 

Marvin Thomas 

Arthur Sandlin 

Malcolm Quick 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Leonard Passmore