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 miliary 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 presentedto 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. 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 or the conspicuous service star 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, marine corps, or nurses corps.