Attorney General Opinions and Advisory Letters

Decision Information

Opinion No. 57-327

Collection Attorney General Opinions and Advisory Letters
Date 12/23/1957
File Number 1957 Op. Att'y Gen. No. 57-327

Decision Content

Opinion No. 57-327

December 23, 1957

BY: OPINION OF FRED M. STANDLEY, Attorney General Hilton A. Dickson, Jr., Assistant Attorney General

TO: Manuel A. Armijo, Director, New Mexico Veterans' Service Commission, P. O. Box 1723, Santa Fe, New Mexico

QUESTION

QUESTION

Does a person who has received a "Blue" discharge qualify for the tax exemption provided by § 72-1-13, N.M.S.A, 1953 Compilation?

CONCLUSION

No.

OPINION

ANALYSIS

A "Blue" discharge was provided for by AR 615-360, 1942, and is generally defined as a:

"form of discharge formerly given when service was not honest and faithful, when a character rating was 'fair' or 'poor,' or when a dishonorable discharge could not be given." Special Regs. 320-5-1, Dictionary of U.S. Army terms.

The equivalent of the "Blue" discharge today is an Undesirable Discharge, found in AR 635-208, which was held in Attorney General's Opinion No. 57-271 as disqualifying for purposes of the exemption herein considered.

Accordingly, it is our opinion that a person awarded a "Blue" discharge does not qualify for a "Soldier's" exemption.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.