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Picture

This Week in USBP History, Vol. 82

3/26/2023

Comments

 

March 26 - April 1


Intro

Good morning, 
 
Welcome to another This Week in USBP History! 

Last week I highlighted the unrecognized heroism of retired Supervisory Border Patrol Agent Mark Hall.  His story and hundreds like his provided motivation to add sections in the USBP Honorary Awards policy (see Sections 4.14 and 5.3) that enabled their recognition for their past actions.  Unfortunately, many worthy employees, and former employees still have not received recognition from the Patrol.

​Today, I'm going to write about the Remember the Alamo story that I used to inspire those in leadership positions to support recognizing past actions.  The incident was in  last week's blog, it was Ruben Mendoza's Newton-Azrak Award action anniversary from 2013.

Let me tell you that action and how it helped hundred's of agents receive long overdue recognition...
The Action
Hebbronville Station Coin compliments of Joe BancoHebbronville Station Coin compliments of Joe Banco
Near Hebbronville, Texas, on March 21, 2013, shortly after the midnight shift started, Border Patrol Agents Cary Scott and Pedro “Pete” Saldivar were on roving patrol and stopped to assist an individual they initially believed to be a stranded motorist. Cary got out of the patrol vehicle to speak to the driver while Pete ran the tags.

Agent Ruben Mendoza had just arrived at the location, as it was coincidentally near the intersection that the three of them had earlier agreed to meet. Ruben had pulled his marked SUV in front the suspect vehicle, a sedan, and took a position near the front.

​Cary and the driver were standing near the rear quarter panel of the car, near the open back door when everyone heard dispatch, KAK-940, respond that the vehicle was stolen.

Hearing the report, the driver immediately dove into the backseat. Sensing that the driver was attempting to obtain a weapon, Cary dove in after the driver and began to grapple with him.

Meanwhile, Pete ran to the open door and started trying to pull both Cary and the suspect out of the vehicle. Ruben, having no room to wedge himself into the backdoor to assist, staged himself nearby to help once the suspect was out of the vehicle.

Inside the car, Cary was at a horrible disadvantage having fallen on the floorboard between the front and back seats. Nonetheless, he continued to grapple with the suspect. Very soon, Cary realized that the suspect was attempting to get something out of a nearby backpack. He yelled that warning to Pete and Ruben.

Then the nightmare… Cary saw the glint of a pistol in the suspect’s hand. The suspect had gotten the gun!

Then four things happened at nearly the same time.  Cary yelled “gun”!  Pete pulled both Cary and the suspect out of the car by their pant legs.  The suspect fired twice, one hitting Pete.  Ruben drew to his pistol to the low ready and maneuvered to get a good sight picture of the suspect.

The leg wound that Pete suffered was so severe that it took him out of the fight.  It was a life-threatening wound that would require him to be airlifted to the hospital and from which he would fully recover.

Once out of the car, instead of making distance from the suspect, Cary, who was on his knees, continued to tenaciously grapple with the standing suspect. This prevented the shooter from delivering accurate fire.

Cary’s valiant struggle couldn’t hold the shooter any longer, and he broke free, which gave Ruben a clear sight picture.

In the dark, on the side of the road, under fantastic pressure… Eight shots were fired, and the shooter absorbed eight hits. The fight was over.

The Aftermath
USBP Commendation Medal with USBP Commendation Medal with "V" device
Of course, Laredo Sector wanted to recognize the heroic actions of their agents. So, Laredo nominated Ruben, Pete, and Cary for the Newton-Azrak Award (as a group), the Patrol’s highest recognition.  At the time and until 2018, the Newton-Azrak Award could recognize teams or groups of employees. Now it is only for individuals, based on the individual’s actions.

When the nomination reached HQ in Washington DC, it was denied and returned to the Laredo Sector. The origin of the rejection, whether from USBP Workforce Management or CBP HRM, remains unclear. At the time, the Newton-Azrak Award was a Commissioner's Award managed by HRM, since 2018 it has been a USBP award overseen by the Patrol. The refusal stated that a single Newton-Azrak Award action could not recognize more than two agents. This decision contradicted years of precedent, as there were numerous instances of groups with over two agents receiving Newton-Azrak Awards.

Laredo Sector was in a pickle. What were they going to do? Well, they decided to nominate Ruben for the Newton-Azrak Award, which he received, because he stopped the shooter.  Since Pete was shot, they nominated him for and he received the Commissioner’s Meritorious Service Award for Valor and the USBP Purple Cross. Cary was neither nominated for nor received any recognition.

In 2017, after convincing the leadership that the Patrol needed a historian to promote organizational pride and a dedicated agent to make sure that the workforce’s stellar work received appropriate recognition, I was in a position to make a difference, to do good for the Patrol and its people!

Weeks later, as the Patrol’s awards coordinator, I received an email inquiring about the lack of recognition for Cary. His story was not widely known. Research was conducted, and it was discovered that the events described in this post had taken place.  The Texas DPS report on the shooting was obtained, and the trooper credited Cary with saving himself and his partners by tenaciously fighting with the suspect while yelling warnings to them. And Cary got nothing!

While pitching the USBP Honorary Awards, every USBP Senior Executive at HQ heard Cary’s story. When the importance of employee recognitions was briefed to the Commissioner in 2018, the Commissioner heard Cary’s story.  The briefing would always conclude with, “Certainly, we can do better for the workforce. Certainly, we can do better for Cary.”

Years after his action, Cary would receive the Patrol’s second-highest award for heroism and valor, the USBP Commendation Medal with a “V” device. His long over due recognition corrected a years long wrong.  His award not only recognized his extraordinary heroism but it provided affirmation that Cary did right by the Patrol.

Starting with Cary's precedent setting recognition, the Patrol has recognized hundreds of employees' worthy past actions, but there are hundreds more to go.

Now to the history...

This week stars in 1907 with 19 people coming to Jeff Milton's rescue after he had accidentally shot someone in the foot.  
We have a 1926 document that provides the earliest known evidence of the Patrol being authorized to enforce laws other than immigration laws.  Also in 1926, the single most influential document in USBP history came into effect, General Order 61.  Of course, there's much more!

​We celebrate two Newton-Azrak Award recipients on the anniversaries of their actions.

​We remember four of our fallen on the anniversaries of their deaths.

Enjoy and have a fantastic week!


​Cliff
PS - 
  • As an open and continuous invitation to current and former USBP employees, I am always accepting photos to post in the USBP Photo Galleries and in the Upholding Honor First pages.  I sure would appreciate you visiting those pages and sending me anything that you think I could post (just send them to cliff@honorfirst.com).
  • As always, make sure to explore all of the hyperlinks to the documents and pages.
  • Finally, please forward this blog to whomever you think may enjoy it.


​ESPRIT DE CORPS

The workplace climate resulting from a combination of organizational pride and employee morale.
  • Organizational pride is the positive feeling experienced by employees from being part of a meaningful team that is rich in history, tradition and culture.
  • Employee morale is the feeling experienced by employee based in part on their perception of:
    • Being valued by the organization,
    • Fairly compensated, and
    • Performing meaningful work.
 
Esprit de corps is reinforced through the shared goals, mission and values of the organization and its employees.

The definition turns Esprit de Corps into a simple formula and defines parts that comprise organizational pride and employee morale.

Esprit de Corps = Organizational Pride + Employee Morale

Esprit de Corps is the key to a healthy organization and engaged employees.

​Honor First is foundational to the Border Patrol's organizational pride and integral to its Esprit de Corps.

DOCUMENTS AND EVENTS

1907
  • Jeff Milton (1861-1947) had a busy 1907 with complaints against him making it to Washington DC.  This March 29, 1907 letter, was signed by approximately 19 people who had come to Milton’s defense concerning him accidentally shooting a man in the foot while trying to break up a dog fight.

1926
  • On March 26, 1926, U.S. Customs Border Patrol Inspector Elton Clark wrote a letter to the Buffalo District Director. Clark had applied to become and was offered a position as a U.S. Immigration Border Patrol Inspector.  Clark declined the position and asked that his name be left in consideration for one year.  None of my records show an “Elton Clark” ever having been an Immigration Border Patrol Inspector.  I guess he didn’t jump ship.
  • On March 26, 1926, the Commissioner-General sent a memo to the Commissioners of Immigration and the District Directors concerning the newly signed General Order 61 (GO61).  The memo stated that GO61 would not come into effect until April 1.  Therefore, that date is the birth date of the position, Chief of the Border Patrol (then called Supervisor of Border Patrol).
    • Being a veteran of the U.S. Navy, I would be remiss if failed to point out that the two positions share the same birth dates, 
      • Chief Petty Officer – April 1, 1893
      • Chief of the Border Patrol – April 1, 1926
  • On March 29, 1926, General Order 63, Authority of Immigration and Border Patrol Officer to Enforce Law Other Than The Immigration Laws, was signed.  This general order unquestionably authorized the enforcement of alcohol and narcotic related offenses. 
  • On March 31, 1926, Ruel Davenport (1878-1961) authored the earliest known memo signed as the Chief of the Border Patrol.  At the time, the position was called “Supervisor, Border Patrol”.  Davenport was the Chief for the Northern Border and George Harris (1876-1941) was the Chief for the Southern Border.
  • On April 1, 1926, General Order 61 came into effect as per this memo.
    • General Order 61 is a foundational document in Border Patrol history and, perhaps, the single most influential document in Border Patrol history for the following reasons;
      • It contains one of the earliest known descriptions of the functions of the Border Patrol (GO 63 expanded on this) - The Border Patrol is an auxiliary branch of the regular Immigration Service.  The Patrol is established primarily to prevent and detect the surreptitious entry of aliens into the United States. It will however, aid in the enforcement of all federal laws designed to safeguard our country against the introduction of contraband. The Patrol will, in general, operate along and in the vicinity of the international and maritime borders of the United States. 
      • It created the hierarchal naming convention of calling a sub-district (modern-day sector) by both a number, and the city in which it was located. It is believed that this document’s concept was also used for stations and is the genesis for El Paso Station being called “Station One” and Laredo Sector calling all of their stations “Base #” to name two.  See the USBP History page, “Why is the El Paso Station called Station One?” section for more information - Each Patrol district will in turn be appropriately divided into subdistricts numbered consecutively, beginning with No. 1 in each district. 
      • It created an organizational framework that is recognizable today.
        • Supervisors (Border Patrol) – This is what we call Chief of the Border Patrol today.  This was a non-uniformed position.
        • Officers in charge of districts – This was an extra title added on to the 11 heads of districts that had Border Patrol employees.  They were not Border Patrol employees but were in their chains of command.  Their official titles were either “District Director” or “Commissioner of Immigration”.
        • Assistant Superintendents - who shall be qualified immigrant inspectors – These were the ranking Border Patrol employees in a district.  There was only one per district.  Remember, a district was comprised of multiple sub-districts, modern-day sectors.  They were also the highest-ranking uniformed position in the USBP.
        • Chief Patrol Inspectors - who shall be qualified immigrant inspectors – They led sub-districts and the title is still used today with “Agent” instead of “Inspector”
        • Senior Patrol Inspectors – This was a supervisory position between the Chief Patrol Inspector and Patrol Inspectors. The position had a one sentence position description (below) until this guidance was issued.  It is also the launching point of the 10-15 positions that exist between the modern-day Border Patrol Agent and Chief Patrol Agent. Senior Patrol Inspectors will perform such duties as may be assigned to them by the respective Chief Patrol Inspectors under whom they serve. 
        • Patrol Inspectors – will be expected to familiarize themselves with all federal statutes designed to prevent the unlawful entry of aliens and introduction of contraband. Law violators apprehended, together with any contraband seized by patrol inspectors, will be turned over to the appropriate law enforcement agencies, and proper receipt therefore, on Form 644, secured when delivery is made to other than immigration officers. They will be charged with the proper use and care of all Government equipment entrusted to them.
        • Clerks, and Motor Mechanics – USBP support personnel have been there since the beginning.
      • It created reports that both one and two patch agents may recognize
        • The Daily Report – Form 650
        • Receipts for Persons and Contraband – Form 644. They evolved to become the I-44 in the 1940’s
        • Weekly Reports – Form 643
        • Monthly Reports

1930
  • On March 27, 1930, H.R. 11204 was introduced, “Border Patrol Act, 1930”.  This bill would have expanded the U.S. Coast Guard by creating a border patrol within it, including enlisted personnel, warrant officers and 60 commissioned officers to lead it.  Once established, the President would be authorized to discontinue both the Customs Border Patrol and the Immigration Border Patrol.  Therefore, this proposed USCG border patrol was not going to absorb the other patrols, but was to take their place.

1932
  • On March 26, 1932, Second Assistant Secretary (Department of Labor) William W. Husband (1871-1942) wrote a memo to the Secretary concerning the USBP position of Assistant Superintendents.  Husband had been the Commissioner-General 1921-1925, as the USBP was created.  Furthermore, the memo was written in conference with Directors George Harris and Frank Berkshire (1870-1934).
    • George Harris is the only person to have served nonconsecutive terms as “Chief” of the Border Patrol.  During both of his terms, the USBP had northern border and southern border “Chiefs”, 1926-1927 and 1932-1933.
    • Concerning Harris and Berkshire having the titles of “Director”, in 1932 GO61 was superseded with two other General Orders which created the two Border Districts and the position of Supervisor of the Border Patrol was changed to Director, Border Patrol:
      • General Order 183 (GO183)– (January 5, 1932) which created the Director of the Border Patrol for the Mexican Border, Gulf and Florida immigration districts.  The district was headquartered in El Paso and George Harris came back to be the "Chief" for a nonconsecutive term.
      • General Order 184 (GO184) - (January 5, 1932) which created the Director of the Canadian Border District.  The district was headquartered in Detroit and Frank Berkshire, the Father of the Border Patrol, became the third person to be "Chief" of the Border Patrol.
      • The two border district approach was very short-lived, beginning in 1932 and ending in 1933 when GO183 and GO184 were superseded with General Order 203 which reinstated GO61 effective June 1, 1933.

1935
  • On April 1, 1935, Chief of the Border Patrol Willard Kelly (1903-1969) authored one of the earliest documents concerning construction of facilities for the USBP.  The USBP had always utilized existing structures for Border Patrol work.  This document proposed new construction for the first time.

1942
  • The U.S. Border Patrol’s first enemy alien transport mission began on March 27, 1942, when Senior Patrol Inspector William McNaulty led a contingent of nine Patrol Inspectors (Paul Baker, William Moore, Jack Thomas, Phillip Karr, John Holcomb, Charles Jordan, Robert McAlliver, John Pilcher, and Stephen Hawkins) from Miami, Florida, to Balboa, Panama Canal Zone, to assist in securing the detained enemy aliens and making preparation for their transport to New Orleans, Louisiana, aboard the Army Transport S.S. Acadia.
    • ​From - HONOR FIRST:  The Story of the United States Border Patrol - Volume I by Joseph Banco

1955
  • On March 30, 1955, famed Chief Patrol Inspector Leonard Gilman (1918-2012) wrote a memo, that included numerous photos, to propose/justify the construction of a border fence in the Brownsville Sub-district.  This is a must read for current and former McAllen/Rio Grande Valley Sector folks.
    • Many times, Agent Gilman is mistakenly given sole credit for saving the day during the hijacking in 1961.  Although Gliman took out the adult hijacker, FBI special agent Francis Crosby (1913-1974) and Second Officer Norman Simmons took out the other hijacker.

1973
  • Reorganization Plan No. 2, originally submitted to Congress on March 28, 1973, had proposed the merging of Immigration and Customs inspection activities at the ports of entry, with the U.S. Customs Service absorbing the Immigration and Naturalization Service employees and associated budget for the ports of entry.​​
    • From - HONOR FIRST:  The Story of the United States Border Patrol - Volume II by Joseph Banco 

NEWTON-AZRAK AWARD ACTION ANNIVERSARIES

Follow this link to see examples of USBP employees Upholding Honor First.
  • An organization’s values are codified in its awards system. Recognizing the achievements, service and heroism of employees is important.  It is critical for those in positions of leadership to value the workforce.  Awards are a fundamental manner for leaders to demonstrate appreciation to the workforce for upholding the organizational values. – U.S. Border Patrol Honorary Awards
The USBP Newton-Azrak Award Scroll
The USBP Newton-Azrak Award Scroll
1994

Robert S. Herrera     
Border Patrol Agent 
Yuma Sector

On March 29, 1994, at approximately 9:30 a.m., Border Patrol Agent Robert S. Herrera responded to an intrusion device that had indicated activity near the Sanchez Canal, west of San Luis, Arizona.  Upon Arrival, Agent Herrera observed a subject who appeared to be a male juvenile swimming to the east bank of the canal.  While watching the subject swim to the other side, BPA Herrera’s attention was caught by a disturbance in the water just to the south of where the first subject was swimming.
 
Looking to the south, Agent Herrera saw a person’s head break the surface of the water and then go back under. Continuing to watch, Agent Herrera saw the person pop up again, flail the water, and gasp for air before disappearing beneath the surface again.
 
By the time the individual went under for the third time, Agent Herrera was on the bank of the canal, dropping his leather as he jumped into the water.  In the middle of the canal, Agent Herrera was able to grab and eight-year-old child and bring him safely back to shore where BPA Matthew Sutton pulled him up onto dry land.
 
Robert Herrera’s actions on the morning of March 29, 1994, were above and beyond what is normally expected of an agent.  He imperiled his own safety by leaping into a polluted canal to save the life of a child. 


1999

William T. Veal
Chief Patrol Agent
San Diego Sector

On the night of April 1, 1999, eastern San Diego County experienced very low temperatures and unexpected snow during a fierce overnight storm, which left many illegal entrant aliens stranded and lost in the rugged mountainous terrain of the area.  Many of these people were in great peril of imminent death and at least seven others had already succumbed.
 
After ensuring that Sector resources were mobilized to cope with this emergency, Chief Patrol Agent William T. Veal, in the early morning hours of April 2, responded by flying into service the Border Patrol’s heavy lift UH-1 helicopter.  Joined by the Patrol Agent in Charge of Air Operations, John D. Pool and Deputy Chief Patrol Agent Harold R. Beasley, he flew into very hazardous weather conditions to effect the rescue of stranded and hypothermic aliens.  During this time, Chief Veal rescued eight aliens who were hypothermic and in imminent danger of death.  The attending physician stated to rescue personnel that one of these individuals would have died had he not received medical attention within the hour.  Additionally, by flying through treacherous terrain in deteriorating weather conditions, while fighting low ceilings, clouds, and fog, Chief Veal inserted Border Patrol and San Diego County Search and Rescue teams into accessible areas to search for stranded aliens.  This included making landings in the same rugged terrain, at times with only one tip of a skid touching the ground.
 
With no regard for his personal safety, Chief Veal continued search and rescue activities until he was assured that no additional aliens were in peril.  He flew a total of 6.9 hours with the only breaks being three brief refueling stops.

U.S. BORDER PATROL FALLEN

U.S. Border Patrol Badge with a Mourning BandU.S. Border Patrol Badge with a Mourning Band
As of March 6, 2023 the U.S. Border Patrol has suffered 154* fallen.
Titles
  • 3 Mounted Watchmen fell before 1924 and are carried as Border Patrol fallen
  • 49 Border Patrol Inspectors fell between 1924 and 1970
  • 101 Border Patrol Agents have fallen since 1970
  • 1 Enforcement Analysis Specialist

​The names that appear below hold a place of honor. They have made the ultimate sacrifice in an effort to fulfill the oath each officer took to protect and defend the United States of America.
 
The facts regarding each officer are presented without major editing of the "language of the day" found in the reports detailing the circumstances of each event. This is done to provide the reader an association with historical timeframes.
 
Employees who died in the line of duty due to being exposed to deadly illnesses will not have the cause of death listed.
 
I will note that Border Patrol Agent John Charles Gigax is not recognized as officially fallen by Customs and Border Protection or the U.S. Border Patrol. The Border Patrol Foundation and the Border Patrol Museum also fail to recognize him. He is remembered by all except organizations containing "Border Patrol" in their title. He is remembered by the:
  • National Law Enforcement Officer Memorial (see this link),
  • Officer Down memorial Page (see this link), and
  • Texas Peace Officer's Memorial (see this link).
 
The U.S. Border Patrol, the Border Patrol Foundation, and the Border Patrol Museum should fix their oversight. 
 
HonorFirst.com remembers and lists Agent Gigax among the fallen.

Fallen Border Patrol Agent John Charles Gigax's tombstone. Fallen Border Patrol Agent Jason C. Panides' tombstone in is the background.
Fallen Border Patrol Agent John Charles Gigax's tombstone. Fallen Border Patrol Agent Jason C. Panides' tombstone in is the background.
1974

Lee L. Bounds
Date of Birth:                   November 24, 1936
Entered on Duty:             June 22, 1970
Title:                                  Patrol Agent
End of Watch:                  March 29, 1974
 
Details:
Border Patrol Agent Lee L. Bounds of the Lordsburg Station, El Paso Sector, was killed in a jeep accident on March 29, 1974. He was traveling alone on a road between Animas and Rodeo, New Mexico, southwest of Lordsburg, and ran the jeep off the right shoulder of the road. He lost control when he attempted to steer the vehicle back onto the road and the jeep overturned. Bounds was thrown from the vehicle, which rolled over him before stopping in an upright position, Mr. Bounds’ head was crushed. The jeep, which was equipped with seat belts and roll bar, was damaged extensively.

​Gravesite


1995

Luis A. Santiago
Date of Birth:                   November 9, 1964
Entered on Duty:             June 6, 1994
Title:                                  Border Patrol Agent (Trainee)
End of Watch:                  March 28, 1995
 
Details:
At approximately 11:45 p.m., Agent Santiago was working in a canyon near Lower Otay Reservoir when he and other agents saw a group of about 20 illegal aliens.  The agents identified themselves as Border Patrol and ordered the aliens to stop. The group scattered and the agents followed.  Agent Santiago gave chase along the rim of the canyon, taking a narrow trail that leads to the edge of a cliff. He lost his footing on loose rock and slippery grass and fell approximately 120 feet to his death.
 
On June 6, 1994, Luis Santiago joined the U.S. Border Patrol as a BPA (Trainee) at the San Diego Sector/Brown Field Station in San Diego, California. After entering on duty, he was sent to the Federal Law Enforcement Training Center in Glynco, Georgia. On October 18, 1994, he graduated from the 267th Session and returned to San Diego.  Agent Santiago was one week short of taking his ten-month examination.

Gravesite


1999

Stephen M. Sullivan
Date of Birth:                    July 6, 1971
Entered on Duty:              August 4, 1996
Title:                                   Border Patrol Agent
End of Watch:                   March 27, 1999
 
Details:
On Saturday, March 27, 1999, Border Patrol Agent Stephen M. Sullivan was transporting a group of aliens on the Otay Truck Trail when his vehicle overturned and rolled down an embankment. Three of the aliens, who had been thrown from the vehicle, climbed up out of the embankment and approached another Border Patrol Agent, stating that others were still inside the vehicle and had been injured. Four people, including Agent Sullivan, were killed in the accident.
 
Agent Sullivan began his career with the INS as an Adjudications Officer in Los Angeles. He was hired by the Border Patrol in September 1997. At the time of his death, he was assigned to the El Cajon Station of the San Diego Sector.

​Gravesite


2008

Jarod C. Dittman
Date of Birth:                      September 9, 1979
Entered on Duty:                March 5, 2007
Title:                                     Border Patrol Agent
End of Watch:                     March 30, 2008
 
Details:
Border Patrol Agent Jarod C. Dittman was killed in a single-vehicle accident near Jamul, California in the early morning hours of March 30, 2008.
 
Agent Dittman was driving from the Brown Field Border Patrol Station to his assigned patrol area, when his service vehicle rolled over, ejecting Agent Dittman from the vehicle. Another Border Patrol agent drove up on the scene and immediately called for emergency assistance. Due to the heavy fog, an airlift helicopter could not respond. Agent Dittman was pronounced dead while enroute to the hospital.
 
Agent Dittman entered on duty with the U.S. Border Patrol on March 5, 2007, as a member of the 660th session of the Border Patrol Academy.  He was assigned to the Brown Field Station immediately after graduation from the Academy. Prior to joining the Border Patrol, Agent Dittman served in the Pennsylvania National Guard. 

​Gravesite

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    Clifford Gill

    Blog author, retired U.S. Border Patrol Assistant Chief and, current U.S. Border Patrol employee advocate.

    ​Read more about Cliff here.


    Ray Harris

    Site founder and owner, former Senior Patrol Agent and retired Immigration Special Agent.

    ​Read more about Ray here.


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    U.S. Border Patrol historian and retired Deputy Chief Patrol Agent.

    ​Read more about Joe here.


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