South Carolina § 25-1-10 - Definitions.

§ 25-1-10. Definitions.

Wherever used in this chapter, the word(s)

(1) "Officer"—Shall be understood to include commissioned officers and warrant officers, unless otherwise specified.

(2) "Enlisted men"—Shall be understood to designate members of the National Guard of this State other than officers and warrant officers.

(3) "Adjutant General"—Shall be understood to be the Adjutant and Inspector General.

(4) "The Assistant Adjutant General"—Shall be understood to be the Assistant Adjutant and Inspector General.

(5) "Military department"—Shall be understood as any office or activity of the State that controls or coordinates the activities of the militia, or any part of the militia.

(6) "National Guard"—Shall be understood to include the organized militia, both Army and Air.

(7) "Air National Guard"—Shall be understood to include those units of the organized militia that are Air Force type units and that are organized and trained as a Reserve of the United States Air Force.

(8) "Army National Guard"—Shall be understood to include those of the organized militia that are Army type units and that are organized and trained as a Reserve of the United States Army.

(9) "Military fund"—Any and all moneys appropriated by the General Assembly for the support of the militia and such other revenues as may be collected by the military department for military purposes.

(10) "State duty"—Duty performed by the militia, or any part of the militia, when such duty is ordered by proper State authority, in the event of war, insurrection, invasion, or imminent danger thereof, breach of the peace, tumult, riot, public disaster, or resistance to process.

(11) "State status"—Shall be understood to mean the military status of a member of the National Guard when not in the active military service of the United States.

(12) "Unit"—In the Army National Guard, shall be understood to be a company, battery, troop, detachment, or similar size Federally recognized entity, except that a headquarters is not to be construed as a unit.

In the Air National Guard, it shall be understood to be a single military organization having a mission, function, and a structure prescribed by competent authority.

(13) "Organization"—Any military element of the South Carolina Army National Guard composed of a headquarters with its assigned or attached subordinate commands. (Example—battalions, groups, brigades and higher commands.)

(14) "USPFO"—Shall mean United States property and fiscal officer.

(15) "Federal recognition or federally recognized"—Shall mean acknowledgment by the Secretary of the Air Force or the Secretary of the Army that an individual has been appointed to an authorized grade and position vacancy appropriate to his qualifications in the Air National Guard or the Army National Guard, and that he meets the prescribed Federal requirements for such grade and position.

(16) "Fully qualified"—Shall mean that an individual meets all physical, moral and professional requirements as may be prescribed by the United States Code, the National Guard Bureau and such other requirements that are or may be made a part of the military code of South Carolina and in addition that he has demonstrated qualities of leadership, ability and potential for appointment or promotion to the next higher grade.

(17) "Commissioned staff"—Officers assigned to a headquarters by TO/E to assist a commander in his exercise of command. The commander is not to be included in a "commissioned staff."

(18) "Unit maintenance fund" means funds collected by armory rentals, donations, military fines, and other minor sources of revenue with or without specific appropriation, and used for minor maintenance at facilities and controlled at the unit level.

(19) "Organized militia" refers to both the National Guard and the organized militia not in National Guard service. Individuals who are federally recognized by the National Guard Bureau are members of the National Guard. Individuals holding rank or privilege within the Military Department, but not federally recognized in that rank for service in the National Guard, are the organized militia not in National Guard service, and these individuals also may be referred to as "State Defense Forces", the "State Guard", or by other terms designated by the Adjutant General.

HISTORY: 1962 Code SECTION 44-1; 1952 Code SECTION 44-1; 1950 (46) 1881; 1964 (53) 2241; 2001 Act No. 85, SECTION 4; 2011 Act No. 46, SECTION 2, eff June 7, 2011.

Effect of Amendment

The 2011 amendment added subsection (19) defining organized militia.