South Carolina State Guard - Status

Status

Organized under Section 25-3-10 of the South Carolina Code of Laws, the State Guard is designated as a protective reserve military force under the command of the South Carolina Military Department and the South Carolina Adjutant General. The SC National Guard Adjutant General is responsible for organizing and maintaining the State Guard to fulfill its missions(Sec. 25-3-10) as stipulated in various sections under Title 25, Chapter 3.

Tasked as a state defense force, the State Guard's primary overarching mission is to be prepared to protect and, when called into service by the Governor, protect the citizens and property of the state &/or uphold the laws of the state &/or augment law enforcement &/or augment the National Guard. Units are occasionally sent out of state by order of the Governor, as in the aftermath of the September 11 attacks), after Hurricane Katrina and during the Mexican War in the mid-1800s. The State Guard is essentially the modern-day continuation of the South Carolina Militia, which has been in existence in some form since South Carolina declared itself a state of the United States as a signatory to the Declaration of Independence in 1776. The State Guard is composed of non-conscript volunteers, many of whom are veterans of the federal armed services; the federal military reserves, South Carolina Army National Guard, or South Carolina Air National Guard.

When called into service, members of the State Guard are paid according to federal military pay scales (Section 25-3-140: "When units of the State Guard are called into service they shall receive pay equal to the National Guard"). Members are normally not paid for drill or training time but employers are required by law to grant time off for authorized training and call out without discrimination or penalty. Some Federal and State agencies and private employers provide pay continuance to employees during training during work hours under orders. Guard members also receive certain tax and mileage deductions and, when authorized, reimbursement for travel &/or special training.

The SCSG is a formal military organization, authorized by federal law and required by South Carolina state law. Soldiers are subject to military discipline and legal reporting for duty requirements (AWOL)when called into service by an order signed by the Governor and endorsed with orders issued by the Adjutant General.(Section-25-3-200). All SCSG soldiers pledge the same oath as the National Guard; to the US Constitution and to follow the orders of the President of the United States, the Governor and the chain-of-command. Qualified soldiers are currently uniformed in ACU's.

The Governor of South Carolina has the authority to call into service, the State Guard or any units, at any time he/she may deem necessary to protect the lives and property of the citizens of the state, or if there is imminent danger or to protect the laws of the state (Section 25-3-20 & Section 25-3-130). The Governor can also activate units of the State Guard when a significant number of the South Carolina National Guard are out of state for federal service or when augmentation is needed.

To fulfill its state mandated mission, the State Guard maintains a special detachment unit professionally trained and certified in law enforcement and constitutional law through a certified Security Specialist Academy. These Security Specialist's receive continuous and rigorous certified training for rapid-deployment, counter-terrorism operations, personal protection, law enforcement augmentation and other civil defense missions as part of the state's homeland defense policy.

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