Downen

MEMORANDUM DECISION AND ORDER

On January 31, 1969, plaintiff, a woman serving as a regular officer in the United States Marine Corps, was discharged from the service pursuant to the provisions of Paragraph 2102.3c, Marine Corps Separation Manual, 1 which requires termination of the commission of any woman serving in the Regular Marine Corps when it is reported that she “is 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 * * Plaintiff contends that these regulations constitute unlawful violations of her rights guaranteed by the Due Process Clause of the Fifth Amendment in that said regulations invidiously discriminate against plaintiff solely by reason of her sex, there being no similar regulations applicable to male officers of the Marine Corps.

Approximately four months prior to her separation from the Marine Corps, plaintiff married the natural father of two minor children, who at all times relevant herein were within the care, custody, and control of their father. Plaintiff, her husband, and the aforesaid children have all since resided together in the family home.

On December 14,…