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1976 Arkansas Attorney General Reports and Opinions 1 (1976)

handle is hein.sag/sagar0045 and id is 1 raw text is: STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL JUSTICE BUILDING, LITTLE ROCK JIM GUY TUCKER ATTORNEY GtNERAL January 2, 1976 Opinion No. 76-1 The Honorable Lloyd L. Bryan State Representative 305 South Van Couver Russellville, Arkansas 72801 Dear Representative Bryan: This is in reply to your request for an opinion concerning Mr. Gerald Rogers' ability to qualify for free tuition at the University of Arkansas in Fayetteville under a progrim of benefits for dependents of members of the armed services who were reported missing or killed in action in the World Wars, the Korean War, and the Vietnam War. The information provided to this office indicates that Mr. Rogers is the son of LaWanda M. Rogers of Russellville and the late Harry W. Rogers, a second lieutenant in the Special Forces of the United States Army; that Lieutenant and Mrs. Rogers were married in March, 1951, in Van Buren, Mrs. Rogers' home town; that Lieutenant Rogers was reared in Valdosta, Goergia, and had been stationed at Ft. Chaffee for approxi- mately three years prior to his being sent to Korea with a Special Forces Unit of the United States Army; and that Lieutenant Rogers was killed in action in Korea in 1953. Ark. Stat. Ann. 6680-3309--80-3310 (Repl. 1961) provides that a child of a person who was killed or died while in active military ser- vice of the United States between September 16, 1940, and December 1, 1946, is entitled to receive tuition and fees and room and board while attending state supported educational institutions of higher learning in this State. Ark. Stat. Ann. 6680-3363--80-3365 (Supp. 1973) allows a dependent of a person killed in action while serving in the Armed Forces of the United States after January 1, 1960, to obtain a Bachelor's Degree free of tuition, fee or other charge from any state supported institution of higher education in the State of Arkansas. The date of Lieutenant Rogers' death does not fall within the specified period of time in either act thus Gerald Rogers would not be entitled to receive the benefits provided for in those statutes. Ark. Stat. Ann. §11-1711 (Supp. 1973) provides as follows: The soldiers, sailors, and marines who were disabled in military service during the World Wars, Korean War, and

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