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N.Y. Mil. Law § 247

Medals and decorations

Showing this section's text as in effect on January 1, 2015 (in force January 1, 2015 – January 1, 2019). View current text →

§ 247. Medals and decorations. 1. The governor is hereby authorized to\npresent in the name of the legislature of the state of New York, a\nmilitary cross, to be known as the conspicuous service cross, bearing a\nsuitable inscription and ribbon, all of which shall be of suitable\ndesign, to any person (i) who is a citizen of the state of New York or\n(ii) who was a citizen of the state of New York while serving in the\narmed forces of the United States, and who, while serving in the United\nStates Armed Forces, defined as army, air force, navy, marine corps, or\ncoast guard, since the sixth day of April, nineteen hundred seventeen,\nhas been a prisoner of war, has served at Pearl Harbor on December\nseventh, nineteen hundred forty-one, has directly participated in the\nD-Day Invasion of Normandy on June sixth, nineteen hundred forty-four,\nhas been reported missing in action, has been killed in action, or has,\nor shall have received a citation published in order issued from a\nheadquarters of a brigade or higher military unit, or equivalent naval\nunit, or has, or shall have received the purple heart. The governor is\nfurther authorized to present the conspicuous service cross to New York\ntroops, or to citizens of this state who while serving with the allied\narmies received citations as provided in this section. Not more than one\nmilitary cross shall be issued to any one person; nor shall any medal be\nawarded or presented, under the provisions of this section, to any\nperson whose entire service subsequent to the time of the receipt of\nsuch citation shall not have been honorable. For each succeeding\ncitation as provided herein, such person shall be entitled to wear, as\nthe chief of staff of the state may direct, a metal device not more than\nthree-sixteenths of an inch in diameter, attached to the ribbon of such\nmilitary cross. In the event of the death of any person during or\nsubsequent to the receipt of such citation the military cross shall be\npresented to such representative of the deceased as may be designated.\nThe chief of staff shall make such rules and regulations as may be\ndeemed necessary for the proper presentation and distribution of such\ndecorations. In addition, the governor is authorized to present the\nconspicuous service cross for placement at the Tomb of the Unknown\nSoldier in Arlington National Cemetery.\n 1-a. The governor is hereby authorized to present in the name of the\nlegislature of the state of New York, a military decoration, to be known\nas the "conspicuous service star", bearing a suitable inscription,\ndevice, and ribbon, all of which shall be of suitable design, to any\nperson (i) who is a citizen of the state of New York or (ii) who was a\ncitizen of the state of New York while serving in the armed forces of\nthe United States, and who, while serving in the United States Armed\nForces, defined as army, air force, navy, marine corps, or coast guard,\nhas, or shall have received a United States unit level decoration\ndenoting combat participation and foreign unit awards, issued from a\ncompany, regimental, brigade, or division commander, or equivalent naval\nunit, or issued by the President of the United States, the Congress of\nthe United States, the United States Defense Department or the joint\nchiefs of staff, such as, but not limited to, a presidential unit\ncitation or a joint meritorious unit award. Not more than one\nconspicuous service star shall be issued to any one person; nor shall\nany citation be awarded or presented, under the provisions of this\nsubdivision, to any person whose entire service subsequent to the time\nof the receipt of such star shall not have been honorable. For each\nsucceeding star as provided herein, such person shall be entitled to\nwear, as the chief of staff of the state may direct, a ribbon whose\ncolor and design shall be selected by the division of miliary affairs.\nIn the event of the death of any person during or subsequent to the\nreceipt of such citation the conspicuous service star shall be presented\nto such representative of the deceased as may be designated. The chief\nof staff shall make such rules and regulations as may be deemed\nnecessary for the proper presentation and distribution of such\ndecorations.\n 1-b. The adjutant general is hereby authorized to present in the name\nof the legislature of the state of New York, a certificate, to be known\nas the "Cold War Certificate", bearing a suitable inscription, to any\nperson: (i) who is a citizen of the state of New York or (ii) who was a\ncitizen of the state of New York while serving in the armed forces of\nthe United States; (iii) who served in the United States Armed Forces\nduring the period of time from September second, nineteen hundred\nforty-five through December twenty-sixth, nineteen hundred ninety-one,\ncommonly known as the Cold War Era; and (iv) who was honorably\ndischarged or released under honorable circumstances during the Cold War\nEra. Not more than one Cold War Certificate shall be awarded or\npresented, under the provisions of this subdivision, to any person whose\nentire service subsequent to the time of the receipt of such medal shall\nnot have been honorable. In the event of the death of any person during\nor subsequent to the receipt of such certificate it shall be presented\nto such representative of the deceased as may be designated. The\nadjutant general, in consultation with the director of the division of\nveterans' affairs, shall make such rules and regulations as may be\ndeemed necessary for the proper presentation and distribution of the\ncertificate.\n 2. Other state decorations, medals, badges, ribbons and awards may be\nawarded and issued as prescribed by regulations issued pursuant to this\nchapter.\n 3. Whenever it shall appear to the satisfaction of the chief of staff\nthat any medal duly issued by the state of New York, in accordance with\nthe provisions of this chapter or regulations issued pursuant thereto,\nto a member of the organized militia of the state of New York, has been\nlost or stolen, he may, in his discretion, and upon such terms as he may\nimpose, upon written application of the person originally entitled to\nsuch medal, issue a duplicate thereof.\n 4. This section shall not be construed to require that a recipient of\nthe conspicuous service cross, the conspicuous service star or the Cold\nWar Certificate has been a resident of the state of New York at the time\nof his or her entry into the United States army, air force, navy, marine\ncorps, or nurses corps.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.