Request By:
Mr. Vic Hellard, Jr.
Director
Legislative Research Commission
Capitol Building
Frankfort, Kentucky 40601
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Robert L. Chenoweth, Assistant Deputy Attorney General and Chief Counsel
You have presented several questions to the Office of the Attorney General regarding the application of KRS 164.480 relating to the War Veterans' Scholarship program. As you noted, KRS 164.480 provides that certain veterans are "entitled to a free scholarship in any state higher educational institution" and "for a period required for the completion of the course of study selected by him." KRS 164.480 reads in full as follows:
"Every person who was engaged in any branch of the military or naval service of the United States, prescribed and classified by the United States war department as a part of such service, during the wars that were declared on April 6, 1917, and any wars declared thereafter, respectively, and who at the time of his enlistment was a resident of Kentucky, is entitled to a free scholarship in any state higher educational institution that he chooses for a period required for the completion of the course of study selected by him. The scholarship includes free tuition, matriculations and other fees, room rent, fuel and lights, and the advantages and privileges of the institution, but does not include free board. Provided, however, that if the federal government provides for the education of veterans of any of the wars herein referred to, then this section shall not apply to such veterans. "
The questions you have posed read as follows:
"1. Does this statute provide only for a basic college education of four years leading to a bachelor's degree or does it provide for advanced study?
2. If the program provides for advanced study, does the program apply only if the veteran has not yet used benefits under the program for undergraduate study?
3. To veterans of what military engagements does this statute apply? Specifically, would the statute apply to veterans of the military actions in Korea and Vietnam as these were not 'declared' wars? Would the statute apply to U.S. military operations in Lebanon or other places where U.S. military forces are sent on 'peacekeeping' missions?
4. Should this provision be interpreted to apply only to situations where the benefits are still applicable?
5. What if a veteran has used all benefits available under the applicable program and still seeks additional education, then will the Kentucky program apply since those benefits were not available under the federal program?
6. If benefits were once available but are no longer available under a federal program can a veteran who did not make use of the federal benefits utilize the Kentucky program? Can a veteran who did use federal benefits make use of the Kentucky program?"
We will answer your questions in the order presented.
This office has considered the nature of your first question before. In OAG 63-683, copy attached, we concluded "that a veteran is entitled to the benefits accorded under KRS 164.480 while he is pursuing the acquisition of one degree only, whether it be a bachelor's, master's or doctor's degree." Thus, we are of the opinion that the War Veterans' Scholarship program is available for the completion of only one course of study, but that course of study is not limited to just a basic college education of four years leading to a bachelor's degree.
As for your second question, we believe our response above is basically dispositive. A veteran may elect the "course of study" for which he desires to receive the scholarship program benefits. If the veteran, for example, has not received scholarship benefits in the course of study for his bachelor's degree, he would be able to receive such benefits in pursuit of a master's degree.
Your third question asks this office to address the scope of veterans who would be eligible to receive benefits under KRS 164.480. It is very plainly written that only a war veteran is eligible for a scholarship under this law. The key language of KRS 164.480 reads ". . . during the wars that were declared on April 6, 1917, and any wars declared thereafter. . ." There is a legal significance that transcends this Kentucky statute between a "declared war" and other "warlike" conflicts and so-called "peacekeeping" missions. We concluded in OAG 63-725, copy attached, that "the veterans' scholarships made available by the provisions of KRS 164.480 shall not be accorded to a person who entered military service after 1955 since the United States has not been engaged in a war since that time." 1 We also concluded in OAG 75-311, copy attached, that a Kentucky citizen who served in the armed forces in Vietnam was not eligible for benefits under KRS 164.480.
In relation to your third question and our response, we feel it is necessary to note that KRS 164.480 was last amended in 1952 and then only to remove a racial reference. In comparison, KRS 164.505 and 164.515, which provide higher education tuition benefits to the spouse or children of service persons, have been amended to expand the military activities that trigger eligibility for those benefits. KRS 164.505(1), in pertinent part, reads ". . . national emergency, or wars declared by Congress or actions of the United Nations or was killed by hostile fire while on active duty . . ." KRS 164.515(5), in pertinent part, reads ". . . during time of war or the Korean conflict or subsequent periods of federally recognized hostilities or have been disabled by hostile fire in the armed forces. . ."
The last three questions you have asked each relate to the proviso language contained KRS 164.480. This language reads: "Provided, however, that if the federal government provides for the education of veterans of any of the wars herein referred to, then this section shall not apply to such veterans. " We have concluded above that only veterans of World War I and World War II are, to date, possibly eligible for the benefits of the scholarships intended under KRS 164.480. However, in view of the proviso language, we believe veterans of these two declared wars are entitled to scholarship benefits under KRS 164.480 only if the federal government did not provide for them higher education benefits. We do not believe the General Assembly desired to provide a supplement to the war veterans federally provided education benefits, but only to fill the void if no federal education benefits were or are available. Therefore, even if an otherwise eligible war veteran has used all of the federally provided education benefits or failed to use such benefits when available, the veteran in neither situation would now be eligible to receive an educational scholarship under KRS 164.480. The proviso language of KRS 164.480, we think, conditions the receipt of the educational scholarship on the absence of the federal government providing for the education of veterans of a declared war, not whether the federal education benefits have been exhausted or taken advantage of when available.
We trust the above will be of assistance to you and the legislative committee considering these issues.
Footnotes
Footnotes
1 To the extent OAG 63-725 implies that a veteran of the Communist aggression in Korea would be entitled to the scholarship benefits under KRS 164.480, it is hereby withdrawn. The Korean conflict which concluded with an armistice in 1953 never became a "war declared" by an act of the United States Congress.