(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.
HISTORY: 2014 Act No. 233 (S.1173), Section 1, eff June 2, 2014; 2019 Act No. 26 (H.3438), Section 3, eff July 1, 2019.
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".