2013 New York Consolidated Laws
MIL - Military
Article 11 - (235 - 254) PRIVILEGES, PROHIBITIONS AND PENALTIES
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 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. 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 director of the  division  of
  veterans'  affairs,  shall  make  such  rules  and regulations as may be
  deemed necessary for the proper presentation  and  distribution  of  the
  certificate.
    * NB Effective March 13, 2014
    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.
    * NB Effective until March 13, 2014
    * 4.  This  section shall not be construed to require that a recipient
  of the conspicuous service cross, the conspicuous service  star  or  the
  Cold War Certificate 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.
    * NB Effective March 13, 2014