W. Va. Code § 15-1G-1

The "West Virginia distinguished service medal" may be awarded:

(a) To former or present Governors of the State of West Virginia as commanders in chief of the West Virginia National Guard;

(b) To such officers and enlisted men in the West Virginia National Guard as may have, or may hereafter render conspicuous or distinguished service in the line of duty, or who have displayed, or may hereafter display, conspicuous courage and gallantry while on duty with the West Virginia National Guard;

(c) To individuals serving in the West Virginia National Guard who are holders of congressional medals of honor, United States distinguished service medals, United States distinguished service cross or equivalent awards of the United States navy;

(d) To West Virginians who served in the Armed Forces of the United States in time of war and who have rendered conspicuous or distinguished service in the line of duty;

(e) To not more than two civilians in any one year who shall have rendered, in the judgment of the military board of the State of West Virginia, conspicuous or distinguished service to the West Virginia National Guard, the State of West Virginia or the United States of America.

The West Virginia distinguished service medal may be awarded posthumously to the next of kin of any officer, enlisted man or civilian entitled thereto under the foregoing subdivisions.