Questions on Rep. Yumul’s status

Dear Undersecretary Cohen and Representative Tenorio:

Recently, the Commonwealth of the Northern Marianas is faced with an historical and an untimely situation regarding Rep. Ray N. Yumul. Two months ago, upon the order of the President of the United States, George W. Bush, Rep. Yumul was called TO active duty as an Army Reservist. It has come to my knowledge that his tour of duty will include a possible deployment to Iraq sometime in February 2005. He is currently out of the Commonwealth along with other soldiers from the Pacific region as they are being prepared for deployment.

Rep. Yumul was sworn into office on January 2004 as a freshman lawmaker of the 14th CNMI Legislature. As such, I have great concern for the welfare and well-being of our good congressman whom the people of the Commonwealth of the Northern Marina Islands have entrusted to act on their behalf in protecting their interest and livelihood. I am sure the rest of the Reservists from the CNMI share the same sentiments.

In the same token, I would like to extend my honor, respect and concern for each and every soldier in the Armed Forces especially those from the Commonwealth of the Northern Mariana Islands serving our great nation, the United States of America, in keeping peace throughout the world, especially here at home. May God protect all in any war zone, or in harm’s way.

Therefore, I would like to pose the following questions for the Department of Defense (through your good office) because the people of the Commonwealth needs clarification and direction in dealing with this important issue. The response from the Department of Defense is crucial because this would set a fundamental public policy for any future citizen in the Commonwealth who decides to become an elected leader and face the same predicament.

1. Because Rep. Yumul is an elected leader, representing the people of the Commonwealth, would his active duty as an Army Reservist change his rank in his tour of duty?

2. What is the duration of his active duty and should his tour of duty conclude his term in office? Would a re-election be required?

3. Should Rep. Yumul be deployed to the frontline in Iraq, which poses high risk of being kidnapped and taken hostage should enemy gain knowledge of his rank and his official position as a Representative for the CNMI? Is there any Armed Forces policy or regulation that would exclude him from serving in the frontline or in any high risk zone.

4. As an elected individual by the people of the CNMI, would he qualify to be appointed to “Direct/Field Commission” status; and if not is there any federal law or U.S. Constitutional provision that would preclude Rep. Yumul from serving in the U.S. Armed Forces on active duty and the possibility of being deployed to Iraq.

Lastly, I would like to extend a heartfelt Si Yu’us Ma’ase for your continued support to the people of the CNMI.

Herman T. Palacios
Former Representative
13th CNMI Legislature