OJRNEE’ GENERAL
OF XAS
AUSTIN a~.TExAs
N&y 7, 1962
Honorable Thomas S. Bishop Opinion No, WW-1330
Adjutant General of Texas
Austin, Texas Re: Whether State Service
Medals may be purchased
to be awarded to National
Guardsmen of Texas
out of the current appro-
priations to the Adjutant
Dear General Bishop: General's Department,
In your request for an opinion from this office you
ask a question which is substantially as follows:
Whether State Service Medals may be pur-
chased to be awarded to National Guardsmen
of Texas out of the current appropriations to
the Adjutant General's Department.
That part of the current appropriations to the Adjutant
General's Department, Senate Bill No. 1, First Called Session,
57th Legislature, 1961, most pertinent to our discussion provides
as follows:
"ADJUTANT GENERAL'S DEPARTMENT
For the Years Ending
August 31, August 31,
1962 1963
"Out of the General Revenue Fund
II
. . . $. . $. .
“9. For purchase of medals and
awards to National Guardsmen
as currently authorized by
statute, resolution or orders
by the Adjutant General, the
sum of $2,500 $2,500”
By Adjutant General Order Number l-4 (Army and Air)
dated February 14, 1962, three state service medals were author-
ized to be awarded "to citizens of the State of Texas to denote
Honorable Thomas S. Bishop, page 2 (WW-1330)
the performance of duty while in active federal service or the
performance of duty as members of the Texas National Guard (Army
and Air), and may be worn on all appropriate occasions except
while in the Active Federal Service, as distinguished from Active
Duty for training." The three authorized medals mentioned above
are listed as follows:
The Texas Meritorious Service Medal
The Texas Faithful Service Medal
The Texas Service Medal
Paragraph number 10 of General Order Number l-4 prescribes the
procedure for securing medals. This provision is quoted as
follows:
"PROCEDURE FOR SECURING MEDALS: a. Application
for Service Medals will be submitted on an individual
basis, In duplicate, on Forms approved by the Adjutant
General (see inclosures 1, 2 and 3) which are author-
ized to be reproduced locally. When application has
been properly prepared and certified, it should be
forwarded to the Adjutant General of Texas.
"b. Due to limited funds being made available
for the purchase of Texas Service Medals, the normal
practice will be that the State will present only
the Service ribbon with attachments, as applicable,
upon approval of the application by this Department.
"C. Individuals who desire to purchase any
medal may do so by ordering same from Lauterstein's,
126 South Broadway, San Antonio, Texas, at a cost
of $2.50 plus 2% State Sales Tex. Order should
include a copy of General Order awarding the medal
and a check or money order In the amount specified
above for each medal.
I,
. . .
"d. Application for the Texas Meritorious
Service Medal must be forwarded through the Division
or similar major organizational Commander."
Articles 5790 through 5794, Vernon's Civil Statutes,
prescribe the statutory powers and duties of the Adjutant General.
We deem It ~unnecessary and In the Interest of brevity will not
quote all of the Articles referred to above. However, the
first paragraph of Article 5790, Vernon's Civil Statutes, and
Honorable Thomas S. Bishop, page 3 (W-1330)
Article 5793, Vernon's Civil Statutes, respectively, are especially
Important to the determination of this question.
Article 5790 reads as follows:
"The Adjutant General shall be in control
of the military department of this State, and
subordinate only to the Governor in matters per-
taining to said Department, or the military forces
of this State; and he shall perform such duties
as the Governor may from time to time entrust to
him, relative to the military commissions, the
military forces, the military stores and supplies
or to other matters respecting military affairs
of this State; and he shall conduct the business
of the Department in such manner as the Governor
shall direct. He shall have the custody and charge
of all books, records, papers, furniture, fixtures
and other property relating to his Department, and
shall perform as near as practicable, such duties
as pertain to the Chief of Staff, the Military
Secretary and other Chiefs of Staff Departments,
under the regulations and customs of the United
States Army. . . .'
Article 5793 states:
"The Adjutant General shall prescribe regula-
tions not inconsistent with law for the government
of his department and the custody, use and preser-
vation of the records and property appertaining to
it whether belonging to this or the United States,
such regulations to be operative and in force when
promulgated in the form of general orders, circulars
or letters of instruction and shall: . . .'
A literal construction of these provisions clearly show that the
provisions of the appropriation to the Adjutant General's office
for the purchase of service medals are in harmony with the
statutory provisions which specify the powers and duties of the
Adjutant General.
Therefore, it is our opinion that the Adjutant General
has authority to purchase medals to be awarded to National
Guardsmen of Texas out of the current appropriations to the
Adjutant General's Department.
i ..
Honorable Thomas S. Bishop, page 4 (W-1330)
SUMMARY
The Adjutant General has authority to pur-
chase medals to be awarded to National
Guardsmen of Texas out of the current
appropriations to the Adjutant General's
Department.
Very truly yours,
WILL WILSON
Attorney General of Texas
Williams, Jr.
1RW:mkh Assistant
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Jerry Roberts
Dudley McCalla
Arthur Sandlin
Norman Suarez
REVIEWED FOR THE ATTORNEY GENERAL
BY: Houghton Brownlee, Jr.