N.Y.
Military Law Section 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.
Source:
Section 247 — Medals and decorations, https://www.nysenate.gov/legislation/laws/MIL/247 (updated Apr. 5, 2024; accessed Apr. 13, 2024).
