8 Fair empl.prac.cas. 332, 6 Empl. Prac. Dec. P 8710 Gail Waugh Downen v. John W. Warner, Secretary of the Navy, and Robert E. Cushman, Jr., Commandant, United States Marine Corps.

481 F.2d 642 8 Fair Empl.Prac.Cas. 332 , 6 Empl. Prac. Dec. P 8710 Gail Waugh DOWNEN, Appellant, v. John W. WARNER, Secretary of the Navy, and Robert E. Cushman, Jr., Commandant, United States Marine Corps., Appellees. No. 71-2683. United States Court of Appeals, Ninth Circuit. July 2, 1973. Daniel B. Hunter, of Hunter, Dougherty & Ryan, San Diego, Cal., for appellant. Harry D. Steward, U. S. Atty., Robert H. Filsinger, Keith E. McWilliams, Asst. U. S. Attys., San Diego, Cal., for appellees. Before BROWNING, DUNIWAY. and ELY, Circuit Judges OPINION ELY, Circuit Judge: 1 Gail Waugh Downen served as a regular officer in the United States Marine Corps until her marriage to Robert E. Downen. Since Mr. Downen was then the father of two children, ages thirteen and fifteen, Mrs. Downen was on January 31, 1969, discharged from the service pursuant to a Corps regulation that terminates the commission of any female officer who becomes "the step-parent of a child under the age of 18 years who is within the household of the woman for a period of more than thirty days a year. . . ." 32 C.F.R. Sec. 714.1(d)(3)(i)(c); 32 C.F.R. Sec. 730.61(c)(2)(iii). 2 In December of 1970, Mrs. Downen…