Establishes the "War on Terror expeditionary medal" for members of the armed forces or organized militia serving abroad in certain military operations during the war on terror.
STATE OF NEW YORK
________________________________________________________________________
7251
2009-2010 Regular Sessions
IN ASSEMBLY
March 26, 2009
___________
Introduced by M. of A. BALL, TEDISCO, SPANO, WEISENBERG, BACALLES,
BARCLAY, BURLING, CROUCH, ERRIGO, GIGLIO, KOLB, RAIA, McDONOUGH, MOLI-
NARO, REILICH, TOWNSEND -- Multi-Sponsored by -- M. of A. CALHOUN,
CONTE, HAYES, McKEVITT, OAKS, SALADINO, SAYWARD, THIELE -- read once
and referred to the Committee on Governmental Operations
AN ACT to amend the military law, in relation to providing for the "War
on Terror expeditionary medal" to be granted to those who provided
certain military service abroad
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1-a and 4 of section 247 of the military law,
2 subdivision 1-a as added and subdivision 4 as amended by chapter 184 of
3 the laws of 1998, are amended and a new subdivision 1-b is added to read
4 as follows:
5 1-a. The governor is hereby authorized to present in the name of the
6 legislature of the state of New York, a military decoration, to be known
7 as the "conspicuous service star", bearing a suitable inscription,
8 device, and ribbon, all of which shall be of suitable design, to any
9 person (i) who is a citizen of the state of New York or (ii) who was a
10 citizen of the state of New York while serving in the armed forces of
11 the United States, and who, while serving in the United States Armed
12 Forces, defined as army, air force, navy, marine corps, or coast guard,
13 has, or shall have received a United States unit level decoration denot-
14 ing combat participation and foreign unit awards, issued from a company,
15 regimental, brigade, or division commander, or equivalent naval unit, or
16 issued by the President of the United States, the Congress of the United
17 States, the United States Defense Department or the joint chiefs of
18 staff, such as, but not limited to, a presidential unit citation or a
19 joint meritorious unit award. Not more than one conspicuous service star
20 shall be issued to any one person; nor shall any citation be awarded or
21 presented, under the provisions of this subdivision, to any person whose
22 entire service subsequent to the time of the receipt of such star shall
23 not have been honorable. For each succeeding star as provided herein,
24 such person shall be entitled to wear, as the [chief of staff] adjutant
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10163-02-9
A. 7251 2
1 general of the state may direct, a ribbon whose color and design shall
2 be selected by the division of [miliary] military and naval affairs. In
3 the event of the death of any person during or subsequent to the receipt
4 of such citation the conspicuous service star shall be presented to such
5 representative of the deceased as may be designated. The [chief of
6 staff] adjutant general shall make such rules and regulations as may be
7 deemed necessary for the proper presentation and distribution of such
8 decorations.
9 1-b. (a) The governor is hereby authorized to present in the name of
10 the legislature of the state of New York, a military decoration, to be
11 known as the "War on Terror expeditionary medal", bearing a suitable
12 inscription, device and ribbon, all of which shall be of suitable
13 design, to any person (i) who is a citizen of the state of New York or
14 (ii) who was a citizen of the state of New York while serving in the
15 armed forces of the United States or the organized militia, and who,
16 while serving in the United States Armed Forces, defined as the army,
17 air force, navy, marine corps or coast guard, or the organized militia
18 served on active duty during the War on Terror. Not more than one War
19 on Terror expeditionary medal shall be issued to any one person; nor
20 shall any citation be awarded or presented, under the provisions of this
21 subdivision, to any person whose entire service subsequent to the time
22 of the receipt of such medal shall not have been honorable. For each
23 succeeding medal as provided in this subdivision, such person shall be
24 entitled to wear, as the adjutant general of the state may direct, a
25 ribbon whose color and design shall be selected by the division of mili-
26 tary and naval affairs. In the event of the death of any person during
27 or subsequent to the receipt of such citation the War on Terror expedi-
28 tionary medal shall be presented to such representative of the deceased
29 as may be designated. The adjutant general shall make such rules and
30 regulations as may be deemed necessary for the proper presentation and
31 distribution of such decorations.
32 (b) For the purposes of this subdivision, "War on Terror" shall mean
33 deployment abroad in Operations Enduring Freedom and Iraqi Freedom, as
34 defined by the Department of Defense, in the following designated
35 specific geographic areas: Afghanistan, Algeria, Bahrain, Bosnia-Herze-
36 govina, Bulgaria (Bourgas), Chad, Crete, Cyprus, Diego Garcia, Djibouti,
37 Egypt, Eritrea, Ethiopia, Georgia, Hungary, Iran, Iraq, Israel, Jordon,
38 Kazakhstan, Kenya, Kosovo (only specific Global War on Terrorism oper-
39 ations not associated with the Kosovo campaign as defined by the Depart-
40 ment of Defense), Kuwait, Kyrgyzstan, Lebanon, Mali, Mauritania, Niger,
41 Oman, Pakistan, Philippines, Qatar, Romania (Constanta), Saudi Arabia,
42 Somalia, Syria, Tajikistan, Turkey, Turkmenistan, Uganda, United Arab
43 Emirates, Uzbekistan, Yemen, that portion of the Arabian Sea north of
44 ten degrees north latitude and west of sixty-eight degrees west longi-
45 tude, Bab el Mandeb, Gulf of Aden, Gulf of Aqaba, Gulf of Oman, Gulf of
46 Suez, that portion of the Mediterranean Sea east of twenty-eight degrees
47 east longitude and boarding and searching vessel operations, Persian
48 Gulf, Red Sea, Strait of Hormuz, and Suez Canal.
49 4. This section shall not be construed to require that a recipient of
50 the conspicuous service cross [or], the conspicuous service star or the
51 War on Terror expeditionary medal has been a resident of the state of
52 New York at the time of his or her entry into the United States army,
53 air force, navy, marine corps, coast guard or nurses corps.
54 § 2. This act shall take effect immediately.
