Gallarde

Facts

On February 27, 1991, while ground combat operations during Operation Desert Storm were underway in Kuwait and Iraq, Paulo E. Gallarde (“Gallarde”), a 32 year-old Philippine national, immigrated to the United States as a lawful perma- GALLARDE v. INS 5521 nent resident alien. Eight months later, Gallarde voluntarily enlisted in the United States Navy, thereby incurring a four- year active duty service obligation. After serving seven months in the United States Navy Reserve, Gallarde entered active duty on May 5, 1992.

In March 1993, Gallarde injured his back while on duty. As a result of that injury, Gallarde claims to have endured pain on a daily basis and to have begun experiencing numbness in his left leg. When Gallarde spoke with a corpsman about the possibility of being medically discharged, he was advised that such a request would be denied. Gallarde, however, was advised that he could seek a discharge on the ground that he was an alien.

On March 17, 1995, Gallarde requested an early separation from the United States Navy. Although Gallarde did not spec- ify a basis for his request, Gallarde’s command treated his request as a request for early…