Texas Attorney General Opinion: H-761 Page: 3 of 6
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The Honorable Bill Presnal - page 3 (H-761)
State legislation hereinabove
quoted which Qonfers educational
benefits on veterans of World War,
II makes no requirement as to term
of service the veterans must have
served in the armed forces before
he shall be entitled to the benefits
conferred upon him therein. Article
2654b-1 as amended, states in sub-
stance that the benefits provided
therein shall apply and accrue to
all members of the United States
Armed Forces provided that such
persons have been honorably dis-
charged from the service and were
not discharged because of being
over the age of 38 years or because
of a personal request on the part of
such person to be discharged from
such service.
It is therefore our opinion that there is no minimum require-
ment for time served in the military during World War II in
order for an individual to qualify for the tuition provided
by section 54.203 of the Education Code.
You also ask what constitutes "service" in the armed
forces during World War II. Although there appear to be
only two reported cases which have addressed this question,
they are in agreement that a person is "in military service"
from the time he is sworn in. Jorgensen v. Metropolitan
Life Ins. Co 44 A.2d 907 (N.J. Ct.of Common Pleas i1945),
iflrd,-3 A72d 2 (N.J. Sup. 1947); Dew v. Davis, 222 P. 750
(Kan. Sup. 1924). Accordingly, it is our opinion that our
courts would probably hold that a person has "served" in the
armed forces during World War II for purposes of section
54.203, if he was a member thereof for any length of time,
beginning at the moment he was sworn in.p. 3216
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Texas. Attorney-General's Office. Texas Attorney General Opinion: H-761, text, January 12, 1976; (https://texashistory.unt.edu/ark:/67531/metapth271285/m1/3/: accessed April 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.