Legislation
SECTION 247
Medals and decorations
Military (MIL) CHAPTER 36, ARTICLE 11
§ 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.
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.