STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL
July 7, 1970
Lou Davis, Director
South Dakota Veterans Department
Pierre, South Dakota 57501
OFFICIAL OPINION NO. 70-28
County Veterans Service Officer eligibility requirements
Dear Mr. Davis:
I have your recent request for an official opinion asking if an ex-serviceman who entered the service after February 1, 1955 and prior to the date of this opinion, assuming that the Governor of this state does not by proclamation declare the existing hostilities to have ceased prior to the date of this letter, qualifies insofar as service requirements are concerned for the position of County Veterans Service Officer.
The qualifications for a County Veterans Service Officer are set forth in 33-16-27 SDCL:
The County Veterans Service Officer shall be a person who has served in the armed forces of the United States as that term is defined by Sec. 19 of Article XIII of the South Dakota State Constitution:
(1) During a time when a state of war existed between this and any other nation, or
(2) During a period between June 25, 1950 and the date when the Governor, by proclamation, shall have declared existing hostilities to have ceased, and who has been discharged or released therefrom under conditions other than dishonorable after service of ninety days or more.
The 1970 Legislature, in Ch. 194, extended to certain additional veterans and their dependents existing veterans' rights, privileges, exemptions and benefits when they passed the following statutes:
(1) To the extent and for the purposes for which veterans of World War I, World War II, or the Korean conflict, their orphans and other dependents, are or were entitled under existing law to certain rights, privileges, exemptions and benefits, except a state bonus, are hereby: extended to any person who has served on active duty with the armed forces of the United States between February 1, 1955 and the date when the Governor, by proclamation, shall have declared existing hostilities to have ceased, who has been discharged from such service under conditions other than dishonorable, or has been released to any reserve branch of the armed services of the United States; ....
It is my understanding that the Governor of this state has not, by proclamation, declared the hostilities to have ceased subsequent to the passage of Ch. 194, 1970 South Dakota Session Laws.
It should be noted that a like request for an opinion was made of this office by your predecessor to be found at page 87 of the 1959-60 Attorney General's Opinions, wherein an affirmative answer was given your question for all veterans serving in the armed forces after June 25, 1950 and prior to May 13, 1957, which was the date the Governor did, by proclamation, declare the Korean hostilities to have ceased as of May 13, 1957.
It is the opinion of this office that the answer once again to your question is in the AFFIRMATIVE, and a veteran serving in the armed forces after February 1, 1955 up to the date the Governor of the State of South Dakota shall determine the hostilities and declare the san1e by proclamation to have ceased will be eligible to hold the position of County Veterans Service Officer.
Respectfully submitted,
Gordon Mydland
Attorney General
