N.Y. Military Law § 247: Medals and decorations

§ 247. Medals and decorations. 1. The governor is hereby authorized to

present in the name of the legislature of the state of New York, a

military cross, to be known as the conspicuous service cross, bearing a

suitable inscription and ribbon, all of which shall be of suitable

design, to any person (i) who is a citizen of the state of New York or

(ii) who was a citizen of the state of New York while serving in the

armed forces of the United States, and who, while serving in the United

States Armed Forces, defined as army, air force, navy, marine corps, or

coast guard, since the sixth day of April, nineteen hundred seventeen,

has been a prisoner of war, has served at Pearl Harbor on December

seventh, nineteen hundred forty-one, has directly participated in the

D-Day Invasion of Normandy on June sixth, nineteen hundred forty-four,

has been reported missing in action, has been killed in action, or has,

or shall have received a citation published in order issued from a

headquarters of a brigade or higher military unit, or equivalent naval

unit, or has, or shall have received the purple heart. The governor is

further authorized to present the conspicuous service cross to New York

troops, or to citizens of this state who while serving with the allied

armies received citations as provided in this section. Not more than one

military cross shall be issued to any one person; nor shall any medal be

awarded or presented, under the provisions of this section, to any

person whose entire service subsequent to the time of the receipt of

such citation shall not have been honorable. For each succeeding

citation as provided herein, such person shall be entitled to wear, as

the chief of staff of the state may direct, a metal device not more than

three-sixteenths of an inch in diameter, attached to the ribbon of such

military cross. In the event of the death of any person during or

subsequent to the receipt of such citation the military cross shall be

presented to such representative of the deceased as may be designated.

The chief of staff shall make such rules and regulations as may be

deemed necessary for the proper presentation and distribution of such

decorations. In addition, the governor is authorized to present the

conspicuous service cross for placement at the Tomb of the Unknown

Soldier in Arlington National Cemetery.

1-a. The governor is hereby authorized to present in the name of the

legislature of the state of New York, a military decoration, to be known

as the "conspicuous service star", bearing a suitable inscription,

device, and ribbon, all of which shall be of suitable design, to any

person (i) who is a citizen of the state of New York or (ii) who was a

citizen of the state of New York while serving in the armed forces of

the United States, and who, while serving in the United States Armed

Forces, defined as army, air force, navy, marine corps, or coast guard,

has, or shall have received a United States unit level decoration

denoting combat participation and foreign unit awards, issued from a

company, regimental, brigade, or division commander, or equivalent naval

unit, or issued by the President of the United States, the Congress of

the United States, the United States Defense Department or the joint

chiefs of staff, such as, but not limited to, a presidential unit

citation or a joint meritorious unit award. Not more than one

conspicuous service star shall be issued to any one person; nor shall

any citation be awarded or presented, under the provisions of this

subdivision, to any person whose entire service subsequent to the time

of the receipt of such star shall not have been honorable. For each

succeeding star as provided herein, such person shall be entitled to

wear, as the chief of staff of the state may direct, a ribbon whose

color and design shall be selected by the division of military and naval

affairs. In the event of the death of any person during or subsequent to

the receipt of such citation the conspicuous service star shall be

presented to such representative of the deceased as may be designated.

The chief of staff shall make such rules and regulations as may be

deemed necessary for the proper presentation and distribution of such

decorations.

1-b. The adjutant general is hereby authorized to present in the name

of the legislature of the state of New York, a certificate, to be known

as the "Cold War Certificate", bearing a suitable inscription, to any

person: (i) who is a citizen of the state of New York or (ii) who was a

citizen of the state of New York while serving in the armed forces of

the United States; (iii) who served in the United States Armed Forces

during the period of time from September second, nineteen hundred

forty-five through December twenty-sixth, nineteen hundred ninety-one,

commonly known as the Cold War Era; and (iv) who was honorably

discharged or released under honorable circumstances during the Cold War

Era, or has a qualifying condition, as defined in section one of the

veterans' services law, and received a discharge other than bad conduct

or dishonorable during the Cold War Era, or is a discharged LGBT

veteran, as defined in section one of the veterans' services law, and

received a discharge other than bad conduct or dishonorable during the

Cold War Era. Not more than one Cold War Certificate shall be awarded or

presented, under the provisions of this subdivision, to any person whose

entire service subsequent to the time of the receipt of such medal shall

not have been honorable. In the event of the death of any person during

or subsequent to the receipt of such certificate it shall be presented

to such representative of the deceased as may be designated. The

adjutant general, in consultation with the commissioner of the

department of veterans' services, shall make such rules and regulations

as may be deemed necessary for the proper presentation and distribution

of the certificate.

1-d. The governor is hereby authorized to present in the name of the

legislature of the state of New York, a medal, to be known as the "New

York State Vietnam War Commemorative Medal", bearing a suitable

inscription, to any person: (i) who is a resident of the state of New

York; or (ii) who was a resident of the state of New York while serving

in the armed forces of the United States; (iii) who served in the United

States Armed Forces, defined as army, air force, navy, marine corps, or

coast guard, or the organized militia defined as the army national

guard, the air national guard, the New York naval militia, or the New

York guard, on active duty abroad in Vietnam, Thailand, Laos, Cambodia,

or in the contiguous waters or air space thereof during the period of

time from November first, nineteen hundred fifty-five through May

seventh, nineteen hundred seventy-five; and (iv) who was honorably

discharged or released under honorable circumstances or who has a

qualifying condition, as defined in section three hundred fifty of the

executive law, and received a discharge other than bad conduct or

dishonorable discharge, or is a discharged LGBT veteran, as defined in

section three hundred fifty of the executive law, and received a

discharge other than bad conduct or dishonorable discharge. No person

shall receive more than one New York State Vietnam War Commemorative

Medal. In the event of the death of any eligible person prior to the

receipt of such commemorative medal, such commemorative medal shall be

presented to the designated representative of the deceased. The adjutant

general, in consultation with the director of the division of veterans'

services, shall make such rules and regulations as may be deemed

necessary for the proper presentation and distribution of such medals.

1-e. The governor is hereby authorized to present in the name of the

legislature of the state of New York, a medal, to be known as the "New

York State Korean War Commemorative Medal", bearing a suitable

inscription, to any person: (i) who is a resident of the state of New

York, or (ii) who was a resident of the state of New York while serving

in the armed forces of the United States; (iii) who served in the United

States Armed Forces, defined as army, air force, navy, marine corps, or

coast guard, or the organized militia defined as the army national

guard, the air national guard, the New York naval militia or the New

York guard, on active duty on the Korean peninsula, its contiguous

waters, or its airspace in the Korean War defined as the period of time

from June twenty-seventh, nineteen hundred fifty through January

thirty-first, nineteen hundred fifty-five; and (iv) who was honorably

discharged or released under honorable circumstances or who has a

qualifying condition, as defined in section three hundred fifty of the

executive law, and received a discharge other than bad conduct or

dishonorable discharge, or is a discharged LGBT veteran, as defined in

section three hundred fifty of the executive law, and received a

discharge other than bad conduct or dishonorable discharge. No person

shall receive more than one New York State Korean War Commemorative

Medal. In the event of the death of any person prior to the receipt of

such commemorative medal, such commemorative medal shall be presented to

the designated representative of the deceased. The adjutant general, in

consultation with the director of the division of veterans' services,

shall make such rules and regulations as may be deemed necessary for the

proper presentation and distribution of such medals.

* 1-f. The governor is hereby authorized to present in the name of the

legislature of the state of New York, a medal, to be known as the "New

York State Iraq War Commemorative Medal", bearing a suitable

inscription, to any person: (i) who is a resident of the state of New

York or who was a resident of the state of New York while serving in the

armed forces of the United States; (ii) who served in the United States

Armed Forces, defined as army, air force, navy, marine corps or coast

guard, on active duty in Iraq at any time during the period of March

twentieth, two thousand three through December thirty-first, two

thousand twenty-one; and (iii) who was discharged under honorable

conditions or who has a qualifying condition, as defined in section one

of the veterans' services law, and received a discharge other than bad

conduct or dishonorable discharge, or is a discharged LGBT veteran, as

defined in section one of the veterans' services law and received a

discharge other than bad conduct or dishonorable discharge. No person

shall receive more than one New York State Iraq War Commemorative Medal.

In the event of the death of any eligible person prior to the receipt of

such commemorative medal, such commemorative medal shall be presented to

the designated representative of the deceased. The adjutant general, in

consultation with the commissioner of the department of veterans'

services, shall make such rules and regulations as may be deemed

necessary for the proper presentation and distribution of such medals.

* NB There are 2 sb 1-f's

* 1-f. The governor is hereby authorized to present in the name of the

legislature of the state of New York, a medal, to be known as the "New

York State Afghanistan War Commemorative Medal", bearing a suitable

inscription, to any person: (i) who is a resident of the state of New

York; or who was a resident of the state of New York while serving in

the armed forces of the United States; (ii) who served in the United

States Armed Forces, defined as army, air force, navy, marine corps, or

coast guard, on active duty in Afghanistan at any time during the period

from October seventh, two thousand one through August thirtieth, two

thousand twenty-one; and (iii) who was discharged under honorable

conditions or who has a qualifying condition, as defined in section one

of the veterans' services law, and received a discharge other than bad

conduct or dishonorable discharge, or is a discharged LGBT veteran, as

defined in section one of the veterans' services law, and received a

discharge other than bad conduct or dishonorable discharge. No person

shall receive more than one New York State Afghanistan War Commemorative

Medal. In the event of the death of any eligible person prior to the

receipt of such commemorative medal, such commemorative medal shall be

presented to the designated representative of the deceased. The adjutant

general, in consultation with the commissioner of the department of

veterans' services, shall make such rules and regulations as may be

deemed necessary for the proper presentation and distribution of such

medals.

* NB There are 2 sb 1-f's

2. Other state decorations, medals, badges, ribbons and awards may be

awarded and issued as prescribed by regulations issued pursuant to this

chapter.

3. Whenever it shall appear to the satisfaction of the chief of staff

that any medal duly issued by the state of New York, in accordance with

the provisions of this chapter or regulations issued pursuant thereto,

to a member of the organized militia of the state of New York, has been

lost or stolen, he may, in his discretion, and upon such terms as he may

impose, upon written application of the person originally entitled to

such medal, issue a duplicate thereof.

4. This section shall not be construed to require that a recipient of

the conspicuous service cross, the conspicuous service star, the Cold

War Certificate, the New York State Silver Rose Veterans Service

Certificate, the New York State Iraq War Commemorative Medal, the New

York State Afghanistan War Commemorative Medal or the New York State

Vietnam War Commemorative Medal or the New York State Korean War

Commemorative Medal has been a resident of the state of New York at the

time of his or her entry into the United States army, air force, navy,

or marine corps.