9 Fair empl.prac.cas. 1272, 5 Empl. Prac. Dec. P 8097 Lieutenant Doreen Jean Two, U.S.N. v. United States of America

Lt. Doreen Jean Two challenges her discharge from the United States Navy on the ground that the statutory scheme for the discharge of Navy officers discriminates against women.

The facts are not in dispute. Lt. Two entered the Navy in 1957. In 1959, she was promoted to the rank of lieutenant. In 1968, 1969 and 1970 she was considered, and rejected, for promotion to lieutenant commander. In 1970, after she had completed 13 years of active service, the Navy notified her that she would be honorably discharged under 10 U.S.C. § 6401 . She sought injunctive relief in the district court. Summary judgment was granted against her.

Section 6401 provides that a woman lieutenant will be discharged on June 30 of the fiscal year in which: “(1) she is not on a promotion list; and (2) she has completed 13 years of active commissioned service in the Navy . . . .” Any officer discharged under this section is entitled to a lump-sum payment, not in excess of $15,000, equal to 24 times her basic monthly pay at the time of discharge. Section 6382 governs the discharge of male officers. It provides that a male officer will be discharged on June 30 of the fiscal year in which he was passed over for…