opinion: HERNANDEZ et al. v. VETERANS’ ADMINISTRATION et al.
  No. 72-700.
  Argued December 11, 1973
  Decided March 4, 1974
  Brennan, J., delivered the opinion of the Court, in which Burger, C. J., and Stewart, White, Marshall, Blackmun, Powell, and Rehnquist, JJ., joined. Douglas, J., filed a statement concurring in the result, post, p. 393.
  Jack R. Petr anker, pro hac vice, and Lawrence L. Cur-tice argued the cause for petitioners. With them on the briefs were Stephen V. Bomse and Charles C. Marson.
  Gerald P. Norton argued the cause for respondents. On the brief were Solicitor General Bork, Acting Assistant Attorney General Jaffe, Harriet S. Shapiro, Morton Hollander, and William Ranter.
  Mr. Justice Brennan
  delivered the opinion of the Court.
  Petitioners, like the appellee and his class in Johnson v. Robison, ante, p. 361, are Class I-O conscientious objectors who, upon completion of alternative civilian service pursuant to § 6 (j) of the Military Selective Service Act, 50 U. S. C. App. § 456 (j), and the governing regulations of the Selective Service System, 32 CFR, Part 1660, applied for educational benefits provided by the Veterans' Readjustment Benefits Act of 1966. The Veterans’ Administration denied petitioners’ application for the reasons upon which appellee Robison’s request was denied, i. e., because a Class I-O conscientious objector who has performed alternative civilian service does not qualify under 38 U. S. C. § 1652 (a)(1) as a "veteran who . . . served on active duty” (defined in 38 U. S. C. § 101 (21) as “full-time duty in the Armed Forces”), and is therefore not an “eligible veteran” entitled under 38 U. S. C. § 1661 (a) to veterans’ educational benefits provided by the Veterans’ Readjustment Benefits Act of 1966.
  Alleging that those sections of the 1966 Act discriminate against conscientious objectors in violation of the Fifth Amendment, and infringe the Religion Clauses of the First Amendment, petitioners filed two actions seeking declaratory, injunctive, and mandamus relief and requesting the convening of a three-judge district court. The District Court consolidated the two cases and granted the Government’s motion to dismiss on the grounds that “plaintiffs’ requests for affirmative relief are not within the jurisdiction of this Court due to the mandate of 38 U. S. C. § 211 (a) ... [and] the plaintiffs’ challenge . . . based on alleged violations of the Fifth and First Amendments to the United States Constitution are [sic] insubstantial and without merit.” 339 F. Supp. 913, 916 (ND Cal. 1972). Notwithstanding the District Court’s dismissal of petitioners’ constitutional claims on the ground of insubstantiality, the Court of Appeals, as we read that court’s opinion, construed the order of dismissal as based solely upon the jurisdictional bar of §211 (a), and affirmed the District Court on that ground. 467 F. 2d 479 (1972). We granted certiorari and set the case for oral argument with Johnson v. Robison, ante, p. 361. 411 U. S. 981 (1973).
  We have held today in Johnson v. Robison that § 211 (a) does not bar judicial consideration of constitutional challenges to veterans’ benefits legislation. Accordingly, the judgment of the Court of Appeals is vacated and the case remanded for further proceedings consistent with our opinion hi Johnson v. Robison.
  It is so ordered.
  Mr. Justice Douglas concurs in the result for the reasons stated in his dissenting opinion in Johnson v. Robison, ante, p. 386.
choices: Army and Air Force Exchange Service Atomic Energy Commission Secretary or administrative unit or personnel of the U.S. Air Force Department or Secretary of Agriculture Alien Property Custodian Secretary or administrative unit or personnel of the U.S. Army Board of Immigration Appeals Bureau of Indian Affairs Bureau of Prisons Bonneville Power Administration Benefits Review Board Civil Aeronautics Board Bureau of the Census Central Intelligence Agency Commodity Futures Trading Commission Department or Secretary of Commerce Comptroller of Currency Consumer Product Safety Commission Civil Rights Commission Civil Service Commission, U.S. Customs Service or Commissioner or Collector of Customs Defense Base Closure and REalignment Commission Drug Enforcement Agency Department or Secretary of Defense (and Department or Secretary of War) Department or Secretary of Energy Department or Secretary of the Interior Department of Justice or Attorney General Department or Secretary of State Department or Secretary of Transportation Department or Secretary of Education U.S. Employees' Compensation Commission, or Commissioner Equal Employment Opportunity Commission Environmental Protection Agency or Administrator Federal Aviation Agency or Administration Federal Bureau of Investigation or Director Federal Bureau of Prisons Farm Credit Administration Federal Communications Commission (including a predecessor, Federal Radio Commission) Federal Credit Union Administration Food and Drug Administration Federal Deposit Insurance Corporation Federal Energy Administration Federal Election Commission Federal Energy Regulatory Commission Federal Housing Administration Federal Home Loan Bank Board Federal Labor Relations Authority Federal Maritime Board Federal Maritime Commission Farmers Home Administration Federal Parole Board Federal Power Commission Federal Railroad Administration Federal Reserve Board of Governors Federal Reserve System Federal Savings and Loan Insurance Corporation Federal Trade Commission Federal Works Administration, or Administrator General Accounting Office Comptroller General General Services Administration Department or Secretary of Health, Education and Welfare Department or Secretary of Health and Human Services Department or Secretary of Housing and Urban Development Administrative agency established under an interstate compact (except for the MTC) Interstate Commerce Commission Indian Claims Commission Immigration and Naturalization Service, or Director of, or District Director of, or Immigration and Naturalization Enforcement Internal Revenue Service, Collector, Commissioner, or District Director of Information Security Oversight Office Department or Secretary of Labor Loyalty Review Board Legal Services Corporation Merit Systems Protection Board Multistate Tax Commission National Aeronautics and Space Administration Secretary or administrative unit or personnel of the U.S. Navy National Credit Union Administration National Endowment for the Arts National Enforcement Commission National Highway Traffic Safety Administration National Labor Relations Board, or regional office or officer National Mediation Board National Railroad Adjustment Board Nuclear Regulatory Commission National Security Agency Office of Economic Opportunity Office of Management and Budget Office of Price Administration, or Price Administrator Office of Personnel Management Occupational Safety and Health Administration Occupational Safety and Health Review Commission Office of Workers' Compensation Programs Patent Office, or Commissioner of, or Board of Appeals of Pay Board (established under the Economic Stabilization Act of 1970) Pension Benefit Guaranty Corporation U.S. Public Health Service Postal Rate Commission Provider Reimbursement Review Board Renegotiation Board Railroad Adjustment Board Railroad Retirement Board Subversive Activities Control Board Small Business Administration Securities and Exchange Commission Social Security Administration or Commissioner Selective Service System Department or Secretary of the Treasury Tennessee Valley Authority United States Forest Service United States Parole Commission Postal Service and Post Office, or Postmaster General, or Postmaster United States Sentencing Commission Veterans' Administration or Board of Veterans' Appeals War Production Board Wage Stabilization Board State Agency Unidentifiable Office of Thrift Supervision Department of Homeland Security Board of General Appraisers Board of Tax Appeals General Land Office or Commissioners NO Admin Action Processing Tax Board of Review