GEORGE CARAM STEEH, District Judge. This lawsuit arises from plaintiff Linden Bowman’s early retirement from the United States Air Force and his failed attempt to participate in a program that would allow him to have community service work count toward his years of service needed to obtain a full twenty-year military retirement. The Secretary of Defense failed to process his request for military service credit for his work as a youth minister on grounds that the regulations specifically prohibit credit for employment with “religious organizations engaged in religious activities, unless such activities are unrelated to religious instruction, worship services, or any form of proselytization.” Bowman claims the regulation violates the express language of the enabling legislation and is unconstitutional on its face and as applied to him in violation of his Fifth Amendment Equal Protection rights. The district court dismissed his complaint for failure to state a claim. Bowman now appeals that dismissal. Because we find the regulation is consistent with the enabling statute and does not violate Bowman’s equal protection rights, we AFFIRM.

MARTHA CRAIG DAUGHTREY, Circuit Judge. In this appeal, we are asked to determine whether the district court abused its discretion in denying the motion filed by plaintiff Marty Stanifer, pursuant to 28 U.S.C. § 1406(a) and § 1631, to transfer venue from the Western District of Kentucky, where the plaintiff resided and where his complaint was filed, to the Northern District of Alabama, where the two defendants resided and where all the events that gave rise to this litigation occurred. The motion was filed in response to the defendants’ motion to dismiss for lack of personal jurisdiction. The district court held that it lacked personal jurisdiction to try this diversity action, denied the plaintiff’s motion to transfer, and dismissed the case pursuant to Rule 12(b)(2) of the Federal Rules of Civil Procedure. The only question on appeal is whether the district court abused its discretion in deciding to dismiss rather than transfer the case. We find no such abuse.