The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8334

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            December 18, 2013
                               ___________

Introduced by M. of A. McDONALD -- read once and referred to the Commit-
  tee on Veterans' Affairs

AN  ACT  to amend the military law, in relation to the issuance of a New
  York State Vietnam War Service Medal

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 247 of the military law is amended by adding a new
subdivision 1-c to read as follows:
  1-C. THE ADJUTANT GENERAL 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  SERVICE  MEDAL",  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, DEFINED AS ARMY, AIR FORCE, NAVY, MARINE CORPS,  OR
COAST GUARD, OR THE ORGANIZED MILITIA ON ACTIVE DUTY ABROAD IN THE VIET-
NAM  WAR DURING THE PERIOD OF TIME FROM NOVEMBER FIRST, NINETEEN HUNDRED
FIFTY-FIVE THROUGH APRIL THIRTIETH, NINETEEN HUNDRED  SEVENTY-FIVE;  AND
(IV)  WHO  WAS  HONORABLY DISCHARGED OR RELEASED UNDER HONORABLE CIRCUM-
STANCES DURING THE VIETNAM WAR. NOT MORE THAN ONE NEW YORK STATE VIETNAM
WAR SERVICE MEDAL 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.  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  AFFAIRS.
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 CONSULTA-
TION WITH THE DIRECTOR OF THE DIVISION OF VETERANS' AFFAIRS, SHALL  MAKE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13157-01-3

A. 8334                             2

SUCH  RULES  AND  REGULATIONS  AS MAY BE DEEMED NECESSARY FOR THE PROPER
PRESENTATION AND DISTRIBUTION OF SUCH MEDALS.
  S  2.  Subdivision 4 of section 247 of the military law, as amended by
chapter 477 of the laws of 2013, is amended to read as follows:
  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 OR THE NEW YORK STATE VIETNAM WAR SERVICE 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, marine  corps,  or  nurses
corps.
  S  3.  Subdivision 1-a of section 247 of the military law, as added by
chapter 184 of the laws of 1998, is amended to read as follows:
  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 denot-
ing 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] MILITARY 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 presen-
tation and distribution of such decorations.
  S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that if  chapter  477  of
the laws of 2013 shall not have taken effect on or before such date then
section  two  of  this act shall take effect on the same date and in the
same manner as such chapter of the laws of 2013 takes effect. The  divi-
sion  of  military and naval affairs is authorized to promulgate any and
all rules and regulations and  take  any  other  measures  necessary  to
implement  the provisions of this act on its effective date on or before
such date.