good morning may please the court howard hon on behalf of the mystical lardy immigrated to this country in early one nine hundred ninety one shortly there after he voluntarily enlisted in the united states navy at the age of approximately thirty four years of age about half a year after his commanding officer authorize it improperly iran asli and their personal envoy and cannot be now used against him if he was a non person resident that be a different story but if you were a permanent resident in the the concept of a stop will really apply to this case which we should look at statutory obligation as opposed to a unilateral benefit that might have been conferred upon it because of that and i think the record is not that clear that he was the one that really wanted to our construction of service and the nato country and the united states as a nato country government that's a foreign country but we're saying there's nothing in the regulations that out of the military but that's as your honor so that's not that looking behind the motivation for seeking this exemption is not if your idea was that he wanted to get some relieve pain you have to go to the military and steve they can well the the condition was for correction of the record to show that just hard should have been coded for medical bad back and not for medical discharge not for medical retirement but for medical reasons and instead of this naturalization yester i'm talking about administrative exhaustion here and you know fact that was the real problem is according to mr guy already is that he the exemption he was misled by somebody some month rule came from from the regulation and it says more clearly that the service is in the armed forces of a nation with which the united states is associated in mutual defense activities and the regulation has interpreted nato only the liability for quote military training and service as that term has been used continually since the one nine hundred seventeen draft act as opposed to and list by have dealt with exemptions in other words seeking exemption before having gone into the service but the statute also speaks as they say to discharge early just charge and this is an early just charge case and doesn't matter how someone got into the military once  military everybody's obligated the same to serve well that's that's the whole issue if the term military training in service and liability for military drills service has acquired a historical and size meaning limited to involuntary service what we used to call i think all of us remember quite well some of the younger people though the draft now but there are quite a different i mean whether you're exempt from the draft or whether you're discharge units after entering the draft those two terms go to the issue of liability what was your liability for service and that goes in turn to the terms military training and service so serve whatsoever it was he was not currently and serving under in the military court i think like you couldn't find a case so he as far as i can tell i have to do anything now there's no case lot support your position i think i don't have any case i could i could do more research i think that i could find plenty of case law saying that a soldier who is serving in the military whether it's on or less mccotter current action or commission has an only to involuntary service service but let me ask you this industry twenty nine you have a specific realty that applies both to permanent and nonpermanent residents of the united states who no longer is fast tracked stay with me for a second it's no longer a fast track but it doesn't mean it's barred isn't that inconsistent with your position you have a specific remedy under section three twenty nine that punishes somebody who takes an early quit account that is your application for citizenship will not be fast tracked it doesn't mean it will be barred i thought that conflict with your fifteen the house report specifically stated that section three fifteen has been have had to apply and the house report recommended the repeal a section three fifteen and nothing congress did at that resident the law used to require three years of honorable service does change a couple years ago to only one year honorable service service this charge must be honorable throughout any period of military service section three twenty nine