Legal Question in Military Law in Tennessee

I am in the Marine Reserves with a unit who changed from an Infantry unit to a Combat Engineer unit. Instead of releasing any infantry Marines who do not want to re-train for a new billet, the unit has decided to keep those Marines on hand. There is nothing for us to do and the unit will not give us a way out. I see that there is possibly a path to get out while getting an honorable discharge. If I were to become an ordained minister, it appears I would be able to request my release from the Marine Reserves. My question is two-fold. First, is the only thing required for this path a stamped certificate of ordination? Second, as long as the certificate is state recognized, even if it is from an online ministry, there would be nothing the Reserve could do as there were no provision for such, is that correct?

Thank you for your help.


Asked on 2/04/14, 7:29 am

1 Answer from Attorneys
Charles Bloodworth

1 - There is no provision in the applicable Marine Corps Regulation for any "automatic" or "on demand" discharge for a Marine who is or becomes an ordained minister. (See: Marine Corps Separation and Retirement Manual).

2 - There are provisions for Marines to request inter-service transfers from one service to another, so if you are a Marine MOS 0311 and an Army MOS 11B vacancy is available, you can request an inter-service transfer to remain in the MOS for which you are qualified.

3 - A major question that you have not answered is whether or not you have a service obligation remaining. Obviously, the simple way to depart the USMCR is to not re-enlist at the end of your current service obligation.

4 - There are special provisions of the regulations that would allow you to request early release from a service obligation due to conscientious objector status, but, be advised that those are few and far between. The proof is on YOU, and there may be a requirement that you refund the costs of schooling, educational benefits, etc.

5 - The Marine Corps, like the other branches of service, is in a downsizing mode right now, and you should check with your chain of command to see is a transfer to an inactive (non-drilling) reserve status is available.

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Answered on 2/04/14, 11:03 am


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