S.C. Code Ann. § 25-11-530 — SC Code / Title 25 / Chapter 11 / Article 5 / Section 25-11-530
SECTION 25-11-530. Ineligibility.
Status: in_force

Any person convicted by a United States military tribunal of misconduct or a criminal charge or whose discharge is less than honorable based on actions while a POW is ineligible for the medal. Any POW whose conduct was not in accord with the Code of Conduct and whose actions are documented by United States military records, is ineligible for the medal. Resolution of questionable cases shall be the responsibility of the secretary, in consultation with the Adjutant General. Editor's Note 2019 Act No. 26, SECTION 4, provides as follows: "SECTION 4. (A) All classified or unclassified personnel employed by these offices on the effective date of this act, either by contract or by employment at will, shall become employees of the Department of Veterans' Affairs, with the same compensation, classification, and grade level, as applicable. The Department of Administration shall cause all necessary actions to be taken to accomplish this transfer in accordance with state laws and regulations. "(B) Regulations promulgated by the Division of Veterans' Affairs as it formerly existed under the Department of Administration are continued and are considered to be promulgated by the newly created Department of Veterans' Affairs. "(C) The Code Commissioner is directed to change or correct all references to Division of Veterans' Affairs within the Department of Administration in the 1976 Code, to reflect the transfer of it to the Department of Veterans' Affairs. References to the Division of Veterans' Affairs in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate reference to the Department of Veterans' Affairs. This authority shall not be construed to remove any authority from the Department of Administration for approval of statewide policies, procedures, regulations, rates and fees, or specific actions requiring Department of Administration approval." Effect of Amendment 2019 Act No. 26, SECTION 3, in the third sentence, substituted "secretary" for "Director of the Division of Veterans' Affairs".
S.C. Code Ann. § 25-11-550 — SC Code / Title 25 / Chapter 11 / Article 5 / Section 25-11-550
SECTION 25-11-550. Award to deceased person or person absent as a prisoner of war.
Status: in_force

The medal may be awarded for a deceased person or a person absent as a prisoner of war and presented to the person's next of kin. Editor's Note 2019 Act No. 26, SECTION 4, provides as follows: "SECTION 4. (A) All classified or unclassified personnel employed by these offices on the effective date of this act, either by contract or by employment at will, shall become employees of the Department of Veterans' Affairs, with the same compensation, classification, and grade level, as applicable. The Department of Administration shall cause all necessary actions to be taken to accomplish this transfer in accordance with state laws and regulations. "(B) Regulations promulgated by the Division of Veterans' Affairs as it formerly existed under the Department of Administration are continued and are considered to be promulgated by the newly created Department of Veterans' Affairs. "(C) The Code Commissioner is directed to change or correct all references to Division of Veterans' Affairs within the Department of Administration in the 1976 Code, to reflect the transfer of it to the Department of Veterans' Affairs. References to the Division of Veterans' Affairs in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate reference to the Department of Veterans' Affairs. This authority shall not be construed to remove any authority from the Department of Administration for approval of statewide policies, procedures, regulations, rates and fees, or specific actions requiring Department of Administration approval." Effect of Amendment 2019 Act No. 26, SECTION 3, reenacted the section with no apparent change.
S.C. Code Ann. § 25-1-3055 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-3055
SECTION 25-1-3055. Perjury.
Status: in_force

Any person subject to this code who, in a judicial proceeding or in a course of justice, conducted under the code, wilfully and corruptly gives, upon a lawful oath, any false testimony material to the issue or matter of inquiry is guilty of perjury and may be punished as a court-martial may direct.
S.C. Code Ann. § 25-1-2700 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2700
SECTION 25-1-2700. Duties of trial counsel and defense counsel; assistant trial counsel.
Status: in_force

The trial counsel of a general or special court-martial shall prosecute in the name of the State of South Carolina, and shall, under the direction of the court, prepare the record of the proceedings. The accused has the right to be represented in his defense before a general or special court-martial by civilian counsel if provided by him at his own expense, or by military counsel detailed under SECTION 25-1-2630. Should the accused have counsel of his own selection, the defense counsel, and assistant defense counsel, if any, who were detailed, may be excused by the military judge or by the president of a court-martial without a military judge. An accused has no right to military counsel in a summary court-martial proceeding. In every court-martial proceeding, the defense counsel may, in the event of conviction, forward for attachment to the record of proceedings a brief of matters he feels should be considered in behalf of the accused on review, including any objection to the contents of the record which he considers appropriate. An assistant trial counsel of a general court-martial may, under the direction of the trial counsel or when he is qualified to be a trial counsel as required by SECTION 25-1-2630 perform any duty imposed by law, regulation, or the custom of the service upon the trial counsel of the court. An assistant trial counsel of a special court-martial may perform any duty of the trial counsel. An assistant defense counsel of a general or special court-martial may, under the direction of the defense counsel or when he is qualified to be the defense counsel, as required by SECTION 25-1-2630 perform any duty imposed by law, regulation, or the custom of the service upon counsel for the accused.
S.C. Code Ann. § 25-3-10 — SC Code / Title 25 / Chapter 3 / Section 25-3-10
SECTION 25-3-10. Establishment of South Carolina State Guard.
Status: in_force

A South Carolina State Guard is hereby established. Such force shall be additional to and distinct from the National Guard and shall be known as the South Carolina State Guard. The Adjutant General shall organize and maintain within the State, under such regulations as the Secretary of the Army may prescribe for discipline and training, the South Carolina State Guard with such table of organization and equipment as the Adjutant General may deem necessary.
S.C. Code Ann. § 25-7-50 — SC Code / Title 25 / Chapter 7 / Section 25-7-50
SECTION 25-7-50. False reports; insubordination; obstruction of recruiting.
Status: in_force

(A) When the United States is at war, it is unlawful for a person to wilfully: (1) make or convey false reports or false statements with intent to interfere with the operation or success of the military or naval forces of the United States or to promote the success of its enemies; (2) cause or attempt to cause insubordination, disloyalty, mutiny, or refusal of duty in the military or naval forces of the United States; or (3) obstruct the recruiting or enlistment service of the United States, to the injury of the service of the United States. (B) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than ten years, or both.
S.C. Code Ann. § 25-1-650 — SC Code / Title 25 / Chapter 1 / Article 5 / Section 25-1-650
SECTION 25-1-650. Filling of vacancies in commissioned officer grades.
Status: in_force

Whenever a vacancy occurs in commissioned officer grades for which provision is not otherwise made, it must be filled in accordance with regulations of the Military Department of South Carolina consistent with applicable federal law and with applicable regulations of the Department of the Army, Department of the Air Force, and National Guard Bureau.
S.C. Code Ann. § 25-1-2650 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2650
SECTION 25-1-2650. Absent and additional members for courts-martial.
Status: in_force

(1) No member of a general or special court-martial may be absent or excused after the court has been assembled for the trial of the accused except for physical disability or as the result of a challenge or by order of the convening authority for good cause. (2) Whenever a general court-martial, other than a general court-martial composed of a military judge only, is reduced below five members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than five members. The trial may proceed with the new members present after the recorded evidence previously introduced before the members of the court has been read to the court in the presence of the military judge, the accused, and counsel for both sides. (3) Whenever a special court-martial, other than a special court-martial composed of a military judge only, is reduced below three members, the trial may not proceed unless the convening authority details new members sufficient in numbers to provide not less than three members. The trial may proceed with the new members present as if no evidence had previously been introduced at the trial, unless a verbatim record of the evidence previously introduced before the members of the court or a stipulation thereof is read to the court in the presence of the military judge, if any, the accused, and counsel for both sides. (4) If the military judge of a court-martial composed of a military judge only is unable to proceed with the trial because of physical disability, as a result of a challenge, or for other good cause, the trial shall proceed, subject to any applicable conditions of item (b) of subsection 1 or item (c) of subsection 2 of SECTION 25-1-2530 after the detail of a new military judge as if no evidence had previously been introduced unless a verbatim record of the evidence previously introduced or a stipulation of the evidence is read in court in the presence of the new military judge, the accused, and counsel for both sides.
S.C. Code Ann. § 25-1-3070 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-3070
SECTION 25-1-3070. Punishment for disorders and neglects not specifically mentioned in Code of Military Justice.
Status: in_force

Though not specifically mentioned in this code all disorders, neglects, and conduct to the prejudice of good order and discipline in the military forces, of which persons subject to the code may be guilty, must be taken cognizance of by a general, special, or summary court-martial, according to the nature and degree of the offense, and may be punished at the discretion of that court.
S.C. Code Ann. § 25-1-2675 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2675
SECTION 25-1-2675. Time requirement for forwarding charges to person exercising general court-martial jurisdiction.
Status: in_force

When a person is held for trial by general court-martial the commanding officer shall, within eight days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allied papers, to the person exercising general court-martial jurisdiction. If that is not practicable, he shall report in writing to that person the reasons for delay.
S.C. Code Ann. § 25-1-1640 — SC Code / Title 25 / Chapter 1 / Article 13 / Section 25-1-1640
SECTION 25-1-1640. Maintenance of training facilities.
Status: in_force

The Adjutant General shall be responsible for the proper maintenance of training facilities and is authorized to expend funds appropriated for this purpose.
S.C. Code Ann. § 25-11-520 — SC Code / Title 25 / Chapter 11 / Article 5 / Section 25-11-520
SECTION 25-11-520. Eligibility.
Status: in_force

(A) The department, in consultation with the Adjutant General, shall determine eligibility for the medal. For any person qualifying for the medal pursuant to Section 25-11-510(3), the secretary shall determine eligibility on a case by case basis. There is no required period of captivity; however, the secretary and the Adjutant General shall compare such cases to those under which persons have generally been held captive by enemy forces during periods of armed conflict. (B) The department may require a copy of DD Form 214 or WD Form 53 and any other information necessary to determine eligibility. Editor's Note 2019 Act No. 26, SECTION 4, provides as follows: "SECTION 4. (A) All classified or unclassified personnel employed by these offices on the effective date of this act, either by contract or by employment at will, shall become employees of the Department of Veterans' Affairs, with the same compensation, classification, and grade level, as applicable. The Department of Administration shall cause all necessary actions to be taken to accomplish this transfer in accordance with state laws and regulations. "(B) Regulations promulgated by the Division of Veterans' Affairs as it formerly existed under the Department of Administration are continued and are considered to be promulgated by the newly created Department of Veterans' Affairs. "(C) The Code Commissioner is directed to change or correct all references to Division of Veterans' Affairs within the Department of Administration in the 1976 Code, to reflect the transfer of it to the Department of Veterans' Affairs. References to the Division of Veterans' Affairs in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate reference to the Department of Veterans' Affairs. This authority shall not be construed to remove any authority from the Department of Administration for approval of statewide policies, procedures, regulations, rates and fees, or specific actions requiring Department of Administration approval." Effect of Amendment 2019 Act No. 26, SECTION 3, in (A), in the first sentence, substituted "The department" for "The South Carolina Division of Veterans' Affairs", in the second sentence, substituted "secretary" for "Director of the Division of Veterans' Affairs", and in the third sentence, substituted "secretary" for "director"; and in (B), substituted "The department" for "The Division of Veterans' Affairs".
S.C. Code Ann. § 25-1-1140 — SC Code / Title 25 / Chapter 1 / Article 9 / Section 25-1-1140
SECTION 25-1-1140. Vacancy in headquarters, Air National Guard.
Status: in_force

Whenever a vacancy for an officer occurs in headquarters, South Carolina Air National Guard, it must be filled from among the officers of the South Carolina Air National Guard who are considered best qualified to fill the vacancy by the chief of staff, headquarters, South Carolina Air National Guard, and the Adjutant General. Assignment of an officer to headquarters, South Carolina Air National Guard, does not entitle him to promotion without regard to seniority rights specified elsewhere in this chapter. Position vacancies for enlisted personnel in headquarters, South Carolina Air National Guard must be filled as directed by the chief of staff, headquarters, South Carolina Air National Guard, subject to approval of the Adjutant General.
S.C. Code Ann. § 25-1-340 — SC Code / Title 25 / Chapter 1 / Article 3 / Section 25-1-340
SECTION 25-1-340. Vacancies in office of Adjutant General.
Status: in_force

If the Office of the Adjutant General is vacated because of the death, resignation, removal, or retirement of the Adjutant General prior to the normal expiration of his term of Office, the Governor shall appoint with the advice and consent of the Senate an officer of the active South Carolina National Guard, who meets the eligibility requirements provided in Section 25-1-320 to fill out the unexpired term of the former incumbent. In the event a vacancy should occur in the Office of Adjutant General at a time when the Senate is not in session, the Governor temporarily may fill the vacancy pursuant to Section 1-3-210. The appointee, upon being duly qualified, is subject to all the duties and liabilities incident to the office and receives the compensation provided by law for the Adjutant General during his term of service. Editor's Note 2014 Act No. 224, SECTION 4, provides as follows: "SECTION 4. This act takes effect upon the ratification of amendments to Section 7, Article VI, and Section 4, Article XIII of the Constitution of this State deleting the requirement that the Adjutant General be elected by the qualified electors of this State and providing that he be appointed by the Governor." [Ratified effective March 5, 2015, see 2015 Act No. 1 (S.8)] Effect of Amendment The 2011 amendment, in the first sentence, deleted "lieutenant" preceding "colonel", and in the second sentence, substituted "receives" for "receive". 2014 Act No. 224, SECTION 3, rewrote the section.