California Military Emblems and Decorations

The California Military and Veterans Code in Division 3 deals with emblems and decorations. Chapter 1 concerns emblems. Section 611 defines the terms “flag,” “State Flag of California,” and “Flag of the United States.”

Section 612 requires the colors and standards carried by organizations of the National Guard or Naval Militia to be those which are carried by similar organizations of the United States Army, Air Force, or Navy, except that the regimental or battalion colors or standards may show the state coat of arms, instead of the coat of arms of the United States.

The Adjutant General may, pursuant to rules and regulations adopted for the purpose, deliver to the members of the family of a deceased member of the National Guard or of the State Guard the colors used during the disposition of the remains of the deceased member according to the custom and usual practice of the United States Army, Air Force, or Navy, which then become the property of the members of the family.

Section 613 specifies that no military organization provided for by the Constitution and laws of this State and receiving State support must, while under arms, either for ceremony or duty, carry any device, banner or flag of any State or Nation except that of the United States or of this State.

Section 614 makes a person guilty of a misdemeanor who knowingly casts contempt upon any Flag of the United States or of this state by publicly mutilating, defacing, defiling, burning, or trampling upon it.

Section 615 states that no provision of this code or of any law of this State which makes unlawful the use of the flag of the United States or of this State or of any picture or representation also applies to any act permitted by the statutes of the United States or of this State or by any regulations of the United States Army, or United States Air Force, or United States Navy, nor does it apply to any newspaper, periodical, book, pamphlet, circular, certificate, diploma, warrant or commission of appointment to office, ornamental picture, article of jewelry, or stationery for use in correspondence, on which is printed, painted, or placed a flag with no design or writing thereon and not connected with any advertisement.

Section 616 provides that any person who displays a red flag, banner, or badge or any flag, badge, banner, or device of any color or form whatever in any public place or in any meeting place or public assembly, or from or on any house, building, or window as a sign, symbol, or emblem of forceful or violent opposition to organized government or as an invitation or stimulus to anarchistic action or as aid to propaganda that advocates by force or violence the overthrow of government is guilty of a felony.

Section 617 prohibits any other flag or pennant from being placed above, or if on the same level, to the right of the Flag of the United States of America, except during church services, when the church flag may be flown.

Chapter 2 concerns military rewards and decorations. Section 640 sets forth the decorations that are authorized for members of the National Guard, State Guard, and Naval Militia. The Order of California, Medal of Merit, and Commendation Medal are also authorized for award to civilians and members of other military services who bring honor to the State of California by their actions.

Section 641 authorizes a Medal of Valor to be presented to each person who, while an officer or enlisted member of the National Guard or Naval Militia, distinguishes himself or herself by courageous conduct at the risk of life, above and beyond the call of duty while in the service of the state or of the United States.

Section 642 states that a Military Cross may be presented to each person who, while an officer or enlisted member of the National Guard or Naval Militia, distinguishes himself or herself by extraordinary heroism while in the service of the state or of the United States.

Section 642.1 allows the Order of California to be presented to an officer or enlisted member of the National Guard or Naval Militia who has distinguished himself or herself by exceptionally meritorious conduct in the performance of outstanding service to the state or the United States in a position of great responsibility. The Order of California may also be awarded to civilians and members of other military services who distinguish themselves as indicated in this section.

Section 642.5 provides that a Memorial Medal may be presented posthumously to any person who, while an officer, warrant officer, or enlisted member of the National Guard, the State Guard, or the Naval Militia is killed in the service of the state or the United States.

Section 643 allows a Medal of Merit to be presented to each person who, while an officer, warrant officer, or enlisted member of the National Guard or Naval Militia, distinguishes himself or herself by exceptionally meritorious service to the state or the United States in a duty of great responsibility or to any person who, by unselfish and untiring activities in connection with the National Guard or Naval Militia, has rendered a distinct service in furthering the interests of and in promoting the security and welfare of the state. The Medal of Merit may also be awarded to civilians and members of other military services who distinguish themselves as indicated in this section.

Section 643.1 allows a Commendation Medal to be presented to each person who, while an officer, warrant officer, or enlisted member of the National Guard, State Guard, or Naval Militia distinguishes themselves while serving in any capacity with the National Guard, State Guard, or Naval Militia by meritorious achievement or meritorious service. The Commendation Medal may also be awarded to civilians and members of other military services who distinguish themselves as indicated in this section.

Section 643.2 authorizes a good conduct medal to be presented to each person who, while an enlisted member of the California National Guard, State Guard, or Naval Militia, has demonstrated fidelity through faithful and exact performance of duty, efficiency through capacity to produce desired results, and whose behavior has demonstrated that the person deserves emulation.

Section 643.3 authorizes a State Service Ribbon to be presented by the Adjutant General to each person who honorably serves on active duty with the State during a period of emergency declared by the Governor or while the United States is engaged in war.

Section 644 requires a service medal or bar to be issued for 10 years’ service in the California National Guard, the California Air National Guard, the Naval Militia, or the State Guard, and for each period of five years of service thereafter.

Section 644.1 allows a Federal Service Ribbon to be presented by the Adjutant General to each person inducted into the federal service as a member of a California National Guard unit who has completed not less than a total of 12 months honorable service in the armed forces of the United States while the United States is engaged in war and to each person inducted into the federal service as a member of a California National Guard unit.

Section 645 requires the Medal of Valor to be presented by the Governor. The Military Cross, the Medal of Merit, the Service Medal, and other authorized medals and awards are to be presented by the Governor or The Adjutant General in the name of the Governor.

Section 646 provides that no more than one Medal of Valor, or one Military Cross, or one Medal of Merit is to be issued to any one person; but for each succeeding deed or act sufficient to justify the award of a Medal of Valor, or a Military Cross, or a Medal of Merit, a suitable bar or other device denoting the additional award may be issued and worn as directed by appropriate regulations.

Section 647 allows the Adjutant General to hold and conduct competitions and competitive military exercises, may procure and issue appropriate ribbons, badges, or insignia in connection therewith and for excellence in marksmanship, for drill attendance, and for competitive military training, and may authorize participation in national or state military or civil marksmanship competitions. All expenses are paid from state funds.

Section 648 states that decorations authorized by this code and decorations, medals, badges, ribbons, and insignia authorized by the laws or regulations of the United States pertaining to the National Guard, Air National Guard, and Naval Militia may be worn by officers, warrant officers, and enlisted persons in accordance with the code, laws, or regulations.

Decorations authorized by this code and decorations or medals from the Armed Forces of the United States, the California National Guard, State Guard, or Naval Militia, or any service medals or badges awarded to the members of such forces, may be worn by uniformed public safety personnel in accordance with the code, laws, or regulations, during the business week prior to Veterans Day and Memorial Day, the day of Veterans Day and Memorial Day, and the business day immediately following Veterans Day and Memorial Day. The employer of the uniformed public safety personnel retains the right to prohibit the wearing of military decorations pursuant to this subdivision if the employer determines that wearing the military decorations poses a safety hazard to the uniformed public safety personnel or to the public.

Section 649 allows the Adjutant General to adopt, from time to time, any rules, regulations, and orders not inconsistent with this code which the Adjutant General deems necessary to carry into effect this chapter. The Adjutant General may present duplicate medals or ribbons or other decorations authorized by this code to the next of kin of any deceased member of the National Guard, if the original decorations are inadvertently lost or destroyed.

And, the Adjutant General may establish additional awards and decorations as may be necessary to properly recognize the service or achievement of members of the National Guard, State Guard, and Naval Militia.