CHAPTER 263

FORMERLY

HOUSE BILL NO. 401

AS AMENDED BY SENATE AMENDMENT NO. 2

AN ACT TO AMEND TITLE 20 OF THE DELAWARE CODE RELATING TO MEDALS, DECORATIONS AND HONORS FOR ACTIVE MEMBERS OF THE DELAWARE NATIONAL GUARD AND RETIREMENT OF DELAWARE NATIONAL GUARD MEMBERS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend Chapter 1, § 133, Title 20, Delaware Code by striking said section in its entirety.

Section 2. Amend Chapter 7, Title 20, Delaware Code by striking said chapter in its entirety and substituting in lieu thereof the following new chapter:

“CHAPTER 7. MEDALS, DECORATIONS AND HONORS.

§ 701. Conspicuous Service Cross.

(a) The Adjutant General, on behalf of the Governor, may present, in the name of the State, a Conspicuous Service Cross to any person serving in the National Guard of the State who shall have distinguished themselves in any capacity as provided in this section.

(b) The Conspicuous Service Cross shall be a bronze Maltese Cross, one (1) inch long, with the coat of arms of the State in miniature in the center thereof and the words ‘For Conspicuous Service’ inscribed on the arms of the cross. The reverse shall be plain. The cross shall be suspended by a ribbon 1 3/8th inches in width and 1 3/4th inches in length of maroon with a ½ inch band of beige in the center.

(c) The Conspicuous Service Cross may be awarded for heroism, meritorious service and outstanding achievement.

(1) A recommendation based on heroism must clearly characterize valor, bravery, or outstanding courage. The act may be a single event or a closely related series of actions performed over a short period of time.

(2) A recommendation based on meritorious service recognizes praiseworthy execution of duties over a period of time. Service differs from achievement in that service concerns a period of time versus an act and is usually based on a permanent change of assignment, a completed period of service, or a retirement. The service must clearly distinguish the member from others of comparable grade and time of service.

(3) A recommendation based on outstanding achievement recognizes a single, specific act or accomplishment separate and distinct from regularly assigned duties, which impacts the greater good of the State of Delaware and its inhabitants. An outstanding achievement award covers a short period of time with definite beginning and ending dates.

(4) This medal shall be awarded upon the recommendation of a board of three officers and two enlisted members as appointed by the Adjutant General.

(d) Only one medal may be awarded to any one person. For each additional award, a gold star 3/16th of an inch in diameter shall be given to the one who has earned the medal, which shall be affixed to the ribbon of the medal.

§ 702. Delaware National Guard Medal.

(a) The State Headquarters, on behalf of the Adjutant General, may present, in the name of the State, the Delaware National Guard Medal to any person serving in the National Guard of the State who has been called to federal mobilization by the President.

(b) The Delaware National Guard Medal shall be a bronze diamond, 1 and 3/8th inches in width and 1 and ¾ inches in length. On the obverse is the coat of arms of the State in miniature in the center. The reverse shall be plain. The medal shall be suspended by a ribbon 1 and 3/8th inches in width and 1 and 3/8th inches in length of vertically divided equal portions of blue and gold.

(c) Only one medal may be awarded to any one person. For each additional award, a gold star 3/16th of an inch in diameter shall be given to the one who has earned the medal, which shall be affixed to the ribbon of the medal. The numeral affixed will designate the total number of times the medal has been awarded to the person.

§ 703. Delaware Distinguished Service Medal.

(a) The Adjutant General may present, in the name of the State, the Delaware Distinguished Service Medal to any person, military or civilian, who shall have distinguished themselves in any capacity as provided in this section.

(b) The Delaware Distinguished Service Medal shall be a medal of bronze, 1 and ¼ inches in diameter. On the obverse is the First Regiment flag with the outline of the State over stamped on it. The words ‘The Delaware Distinguished Service Medal’ are inscribed around the face of the medal. The reverse is plain. The medal shall be suspended by a ribbon 1 and 3/8th inches in width and 1 and 3/4 inches in length of gold with four bands of blue -- two 1/16th inch outer bands and two 1/8th inch inner bands.

(c) The Delaware Distinguished Service Medal may be awarded for meritorious service and outstanding achievement.

(1) A recommendation based on meritorious service recognizes praiseworthy execution of duties over a period of time. Service differs from achievement in that service concerns a period of time versus an act and is usually based on a permanent change of assignment, a completed period of service, or a retirement. The service must clearly distinguish the member from others of comparable grade and time of service.

(2) A recommendation based on outstanding achievement recognizes a single, specific act or accomplishment separate and distinct from regularly assigned duties, which impacts the greater good of the Delaware National Guard. An outstanding achievement award covers a short period of time with definite beginning and ending dates.

(d) This medal shall be awarded upon the recommendation of a board of three officers and two enlisted members as appointed by the Adjutant General.

(e) Only one medal may be awarded to any one person. For each additional award, a numeral 3/16th of an inch in diameter shall be given to the one who has earned the medal, which shall be affixed to the ribbon of the medal. The numeral affixed will designate the total number of times the medal has been awarded to the person.

§ 704. Medal for Military Merit.

(a) The Adjutant General may present, in the name of the State, the Medal for Military Merit to any person serving in the National Guard of the State who shall have distinguished themselves in any capacity as provided in this section.

(b) The Medal for Military Merit shall be a medal of bronze, 1 and ¼ inches in diameter. On the obverse is the coat of arms of the State around which is inscribed ‘For Military Merit’. The reverse is plain. The medal shall be suspended by a ribbon 1 and 3/8th inches in width and 1 and 3/4th inches in length of beige with a ½ inch band of maroon in the center.

(c) The Medal for Military Merit may be awarded for meritorious service and outstanding achievement.

(1) A recommendation based on meritorious service recognizes praiseworthy execution of duties over a period of time. Service differs from achievement in that service concerns a period of time versus an act and is usually based on a permanent change of assignment, a completed period of service, or a retirement.

The service must clearly distinguish the member from others of comparable grade and time of service. In addition, the medal will be awarded to members for every 10-years of satisfactory service. Federal Military service shall count in the computation of time. Board action is not required.

(2) A recommendation based on outstanding achievement recognizes a single, specific act or accomplishment separate and distinct from regularly assigned duties, which brings credit to them as an individual. An outstanding achievement award covers a short period of time with definite beginning and ending dates.

To recognize proficiency in military studies, the medal will be awarded to members who complete a course of military studies consisting of at least 80 hours of instruction and who are designated as ‘honor’ or distinguished’ graduates. Board action is not required.

(d) This medal shall be awarded upon the recommendation of a board of three officers and two enlisted members as appointed by the Adjutant General.

(e) Only one medal may be awarded to any one person. For each additional award, a numeral 3/16th of an inch in diameter shall be given to the one who has earned the medal, which shall be affixed to the ribbon of the medal. The numeral affixed will designate the total number of times the medal has been awarded to the person.

§ 705. Medal for Service in Aid of Civil Authority.

(a) The State Headquarters, on behalf of the Adjutant General, may present, in the name of the State, the Medal for Service in Aid of Civil Authority to any person serving in the National Guard of the State who has been called upon by the Governor to assist the civil authorities in the preservation of law and order.

(b) The Medal for Service in Aid of Civil Authority shall be a bronze medal 1 and ¼ inch in diameter. On the obverse a mailed fist grasping a Roman sword, the sword vertical, point up; upon the point of the sword the scales of justice. The words ‘For Service in Aid of Civil Authority’ in circular form inscribed thereon. The medal shall be suspended by a ribbon 1 and 3/8th inches in width and 1 and 3/4th inch in length in blue with a band of gold ¼ inch wide through the center.

(c) Only one medal may be awarded to any one person. For each additional award, a numeral 3/16th of an inch in diameter shall be given to the one who has earned the medal, which shall be affixed to the ribbon of the medal. The numeral affixed will designate the total number of times the medal has been awarded to the person.

§ 706. Minor awards and ribbons.

The Adjutant General may establish such minor awards and ribbons as deemed necessary for appropriate recognition.

§ 707. Honors for Retired Members of the Delaware National Guard.

(a) Time and age retirement requirements as contained in Federal Law will apply to all Delaware National Guard members.

(b) All members, who shall have served actively 25 years or more in the Delaware National Guard, may upon their own written request at retirement be placed upon the retired list at the next higher grade, not to exceed the maximum allowable grade in the appropriate officer or enlisted category.

(c) All military members and civilian employees who shall have served actively 25 years or more in the Delaware National Guard may upon their retirement be issued a ‘State Seal’ in recognition of long and faithful service.”.

Approved May 17, 2002