Mississippi Advisory Opinions October 06, 1978: 1978-0011 (October 06, 1978)

Advisory Opinion Text

Honorable Edwin H. Roberts, Jr.

Captain—1–108th Armd. Cav. Squadron

Attorney at Law

Post Office Box 787

Oxford, Mississippi 38655

Re: National Guard

Dear Captain Roberts:

Your letter addressed to the Honorable Oscar P. Mackey of this office states:

‘I would like to request an opinion from the Attorney General with regard to the following situation concerning Section 33–7–1 of the Mississippi Code of 1972, and National Guard Regulation 600–100, Paragraph 2–5B(1):

Can an individual who is twenty (20) years of age and who has completed the Officers Candidate School for the State of Mississippi and qualified in all other regards, be granted a commission by the State of Mississippi through one of the following methods:

1. An executive order from the Governor's Office allowing the individual be commissioned,

2. Removal of disability of minority by the Chancery Court of the State of Mississippi to allow the granting of a commission.

As I understand the law and the regulations, Mississippi National Guard officers can be appointed within the ages prescribed by federal law and regulations. The federal regulation provides that the age for the granting of a commission will be 21 unless otherwise allowed by state law.

The two principal questions are whether or not an executive order issued by the Governor is to be considered within the purview of National Guard Regulation 600–100 and also whether or not the removal of disabilities of minority as allowed by state law would come under the same regulation.'

We are unable to respond to your request for an official opinion since the applicable statute limits such opinions to certain designated State and local officials and to them only concerning the duties of their respective office.

It is suggested that you may consider addressing through military channels, the Adjutant General of the State of Mississippi.

With kind regards, I am

Very truly yours,

A. F. Summer Attorney General.

S. E. Birdsong, Jr. Special Assistant Attorney General.