[NOT FOR PUBLICATION]



                            UNITED STATES COURT OF APPEALS

                                FOR THE FIRST CIRCUIT



                                 ____________________





        No. 97-1964





                           JOSE F. HERNANDEZ-ORTIZ, ET AL.,



                               Plaintiffs, Appellants,



                                          v.



                              EMILIO DIAZ-COLON, ET AL.,



                                Defendants, Appellees.



                                 ____________________





                     APPEAL FROM THE UNITED STATES DISTRICT COURT



                           FOR THE DISTRICT OF PUERTO RICO



                  [Hon. Carmen Consuelo Cerezo, U.S. District Judge]
                                                ___________________



                                 ____________________



                                        Before



                               Boudin, Stahl and Lynch,

                                   Circuit Judges.
                                   ______________



                                 ____________________



            Nydia Maria Diaz-Buxo on brief for appellants.
            _____________________

            Guillermo Gil, United States Attorney, and Fidel  A. Sevillano Del
            _____________                              _______________________

        Rio, Assistant  United States Attorney,  on brief for  appellee United
        ___

        States of America.





                                 ____________________



                                   January 23, 1998

                                 ____________________







































                 Per  Curiam.  Jose  Hernandez-Ortiz and his  wife, Lydia
                 ___________



            Esther  Delgado-Lopez,  appeal  from  the  district   court's



            dismissal  under  Fed. R.  Civ.  P. 12(b)(6)  of  their civil



            rights and  employment discrimination claims  arising out  of



            Hernandez' separation from the Puerto Rico Air National Guard



            ("PRANG"). "In the  Rule 12(b)(6) milieu, an  appellate court



            operates  under the same  constraints that bind  the district



            court,  that is,  we may  affirm a  dismissal for  failure to



            state a  claim only if  it clearly appears, according  to the



            facts  alleged,  that  the plaintiff  cannot  recover  on any



            viable theory."   Correa-Martinez v.  Arrillaga-Belendez, 903
                              _______________     __________________



            F.2d 49, 52 (1st Cir. 1990) (citations omitted).



                 I. Civil Rights Claims
                    ___________________



                 We agree with the district court that appellants' claims



            pursuant  to 42 U.S.C.     1983 and 1985 are non-justiciable.



            We need not decide whether  the "bright line rule" adopted in



            Wright v.  Park, 5 F.3d  587, 590 (1st Cir.  1983) applies to
            ______     ____



            claims  for injunctive relief  in the form  of reinstatement.



            In Penagaricano v.  Llenza, 747 F.2d 55, 59  (1st Cir. 1984),
               ____________     ______



            this  court applied  an analysis  first stated  by the  Fifth



            Circuit in  Mindes v. Seaman,  453 F.2d 197 (5th  Cir. 1971),
                        ______    ______



            and  found   plaintiff's  claims,   including  a   claim  for



            reinstatement in the  National Guard,  to be  nonjusticiable.



            Even if we were  to apply the Mindes factors to  the facts of
                                          ______



            this case, we would conclude, as we did in Penagaricano, that
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            a  balancing   of  those   factors  "favors   a  finding   of



            nonreviewability."  Penagaricano, 747 F.2d at 64.    
                                ____________



                 II. Employment Discrimination Claims
                     ________________________________



                 Hernandez'    complaint    alleges    that    defendants



            discriminated  against  him  on  the  basis  of  his age  and



            political beliefs, but does  not allege discrimination  based



            on race, color, religion, sex or national origin.  Therefore,



            Hernandez has not stated a  claim for relief under Title VII.



            Nor  is   Hernandez  entitled   to  relief   under  the   Age



            Discrimination in Employment  Act (ADEA).  The ADEA  does not



            apply to uniformed members of the armed services.  See, e.g.,
                                                               ___  ____



            Spain v. Ball, 928 F.2d 61, 63 (2d Cir. 1991).  Specifically,
            _____    ____



            conduct of the Air National Guard "is beyond the reach of the



            ADEA."  Johnson v. State of New York, 49 F.3d 75, 78 (2d Cir.
                    _______    _________________



            1995); see  also Frey v.  State of California, 982  F.2d 399,
                   ___  ____ ____     ___________________



            404 (9th Cir. 1993).



                 The  district court's Opinion  and Order dated  July 15,



            1997, is summarily affirmed.  See Loc. R. 27.1.
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