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.