STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

June 23, 1971

L. W. Davis, Director
Vietnam Bonus Board
Pierre, South Dakota 57501

OFFICIAL OPINION NO. 71-22

Eligibility of James Campbell for award of Veteran's Bonus (Claim No. 07632)

Dear Mr. Davis:

The record submitted reveals that the applicant, son of Me. P.C. Campbell, a career Air Force officer, at the U.S. Ellsworth Air Force Base at Rapid City, South Dakota, during the period herein related, resided with his parents at Rapid City, South Dakota, since 1958 and until 1962 when the father was assigned to military service at Okinawa in the Pacific Ocean.

The applicant was enrolled in the Rapid City High School in 1958 and graduated from there in June, 1960. His father was transferred in 1962, and applicant was then twenty years of age.

James enrolled in the School of Mines at Rapid City, reaching his majority (age 21) on July 17, 1964, and paid in-state tuition fees while in attendance therein, during which period he at all times was domiciled in Rapid City, Pennington County, South Dakota, in fact, from 1958 to 1964.

On June 13, 1964, he was ordered to report for duty, having prior thereto duly presented himself to and registered with the Selective Service Local Board in Rapid City, and was assigned in Pennington County for active military service, which service at this date, April 15, 1971, constitutes a total active service of 76 months and 15 days in the armed forces of the nation.

It appears that in any event from the date applicant reached the age of maturity of 21 years, at his own volition he became a resident in good faith of the State of South Dakota for over six months, immediately preceding entry into the armed service. He registered for the draft. He did not accompany his parent to Okinawa in 1962; and remained continuously in Rapid City, until his induction in the military service.

SDCL 1970 Supplement, Section 33-17-16(3) of our State Veterans and Servicemen's Act defines the term "legal resident" as follows:

A person who for a period of not less than six months immediately preceding entry into the armed forces of the United States as defined by subsection (2) was a resident in good faith of the State of South Dakota,

and the term armed forces is defined as the United States Army, Air Force, Navy, and their components.

It appears that James Campbell qualifies for a bonus under our statutes. We, therefore, answer both of your questions in the affirmative.

It should be noted that our department has not been made the final arbiter in that Chapter 173, Section 14, 1969 Session Laws of South Dakota provides:

Decisions of the Veterans Bonus Board as to payment or non-payment of bonus, or eligibility therefore, shall in all things be final.

Respectfully submitted,

Gordon Mydland
Attorney General