This Week in USBP History, Vol. 48

July 31 - August 6

Good morning!
 
Welcome to another This Week in USBP History!  
 
On the approach of the anniversary of the death of Border Patrol Agent Javier Vega, Jr., I think it's important to share one of the exceptional efforts of Chief Patrol Agent (BORSTAR) William "Bill" Maddocks.  
 
When Agent Vega was killed in 2014, his death was not recognized as being in the line-of-duty by any agency or organization!  His name was neither added to the CBP Valor Memorial nor the National Law Enforcement Officers' Memorial (NLEOM).  The Department of Justice (DOJ), Public Safety Officer's Benefits Program (PSOB) did not recognize his loss as a line-of duty death.
 
In 2016, two years after Agent Vega's death, CBP recognized his sacrifice as a line-of-duty death (see this news article) and his name was add to the NLEOM (see here). Shortly afterward, Bill was tasked to have Agent Vega's death determination revisited by the DOJ's PSOB.  That began nearly two years of incredible effort.
 
In 2018, after four years of significant behind the scenes efforts by Bill, the DOJ's PSOB came to the determination that Javier Vega's death was in the line-of-duty. That determination did not just happen! For months, Bill engaged in complex legal conversations and debates with government lawyers from multiple agencies to explain why Agent Vega died in the line-of-duty.  The legal nuances were due to unique aspects of Border Patrol training, culture, and the regulations of the time.  In short, Bill explained that Agent Vega put himself on duty and performed a law enforcement action during a robbery.  After hundreds of hours of effort in the form of emails, discussions, meetings and research, and four years after the death of a Border Patrol Agent Vega, the PSOB finally ruled his death to be in the line-of-duty.
 
The ruling is precedent setting and significant.  A Border Patrol Agent that takes a law enforcement action while off-duty, can have their death determined to have occurred in line-of-duty.  That is a huge precedent, and Bill pushed it over the finish line.
 
When official word was received that the PSOB ruled Agent Vega's death line-of-duty, I sent Bill an email with the words below:
 
I am fortunate to be able to have someone like you to be an example for me to emulate.  The Border Patrol is a far better organization because of you.  It is a loss that your persistence and unwavering tenacity will mostly likely never be known outside of a few people concerning your actions with Agent Vega and the PSOB.
 
You are truly special and I am proud to be able to call you a friend and am thankful to be part of the same organization of which you are part.
 
Congratulations and thank you on behalf of all of those who will directly and indirectly benefit from your efforts and the precedence you pushed forth.
 
When Bill rotated out of HQ to be the Deputy Chief Patrol Agent of Swanton Sector, it was my privilege to process his nomination for the USBP Commendation Medal, of which he received and wears.  Further, I clearly remember that Bill's efforts to have Agent Vega's death recognized by the PSOB was included on the USBP Commendation Medal certificate.
 
This week is HUGE for historical occurrences:

• The creation of the U.S. Customs Service and the CBP Ensign,
• The finalized design of the U.S. Border Patrol patch, and
• With a punch, Associate Deputy Regional Commissioner Leonard Gilman, who had been a Golden Gloves boxer in college, ended the hijacking of Continental Flight 54.
  • From - HONOR FIRST:  The Story of the United States Border Patrol - Volume II by Joseph Banco

 
We celebrate the Newton-Azrak Award action anniversary for one agent, and we remember the loss of six of our fallen on the anniversaries of their deaths.
 
Have a great 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 attach them to a reply to this email).
• As always, make sure to explore all of the hyperlinks to documents and pages.
• Finally, please forward this blog to whomever you think may enjoy it.

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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.

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Documents/Events

1789

• On July 31, 1789, the 1st Congress passed an Act to Regulate the Collection of Duties imposed by law on the tonnage of ships or vessels, and on goods, wares and merchandise imported into the United States.  The Act was signed by President Washington and established the U.S. Customs Service.  In 2003, the U.S. Customs Service would be renamed U.S. Customs and Border Protection (see page 186 of this document).

1799

• On August 1, 1799, Secretary of the Treasury Oliver Wolcott (1760-1833​) issued a circular which outlined the basic elements of the design of the U.S. Customs ensign which is currently the CBP ensign. The circular directed that the ensign should contain "sixteen perpendicular stripes, alternate red and white, the Union of the Ensign to be the Arms of the United States, in dark blue, on a white field."
  • This website provides additional information.

1913

• On August 6, 1913, an job announcement was issued for "Mounted Inspector (Male)".
  • Applicants for this position should be capable of performing the ar­duous work incident to what is known as "line riding," which involves the performance of duty in the rough and mountainous country along the Mexican boundary far removed from the centers of civilization.

1920

• On August 4, 1920, future Chief and Father of the Border Patrol Frank Berkshire (1870-1934) wrote a strongly worded memo to the Commissioner-General.  the memo recommend that the Inspector in Charge in Laredo not attend a meeting scheduled in Galveston, Texas.  The memo contained several items of interest:
  • He stated that the Immigration Patrol was abolished on August 18, 1919.  That statement is evidence that the Immigration Patrol was separate from the Mounted Inspectors (also called Mounted Guard and Mounted Watchmen). About the Immigration Patrol, he wrote:
    • They, "...performed wonderfully effective service, --a service unparalleled in the history of affairs on the Mexican Border."  Clearly, he thought highly of that organization.
  • In an effort to define the Immigration Service's responsibility and to frame the problem, Berkshire explained that nearly every person arrested near the border for violating an agricultural, customs, health or prohibition law, had also violated an immigration law.  Berkshire expressed concern another Federal agency would overshadow the Immigration Service and would inevitably take the lead for border enforcement.

1924

• On August 1, 1924, Patrol Inspector in Charge of the Big Bend Sub-district, John F. Harn (1875-1955), requested permission ​to lease a 2-room adobe house as the "office quarters" for the sub-district.
  • Before General Order 61, sub-districts (called sectors in the 1940s) were led by Immigrant Inspectors designated to be Patrol Inspectors in Charge.  General Order 61 renamed that position - Chief Patrol Inspector in 1926.

1931

• On August 5, 1931, El Paso District Director Grover W. Wilmoth (1884-1951) sent the Commissioner-General a memo concerning Border Patrol pistol teams.  In the memo, Wilmoth requests a challenge be issued to all pistol teams in the Patrol.  The Central Office did not issue El Paso District's challenge. 
  • However, in 1935, the Tampa Sub-district sent a similar request to issue a shooting challenge to headquarters, "We will shoot any course of fire and at any distance" which was issued. See this document.

1942

• The official design of the USBP patch was finalized August 5, 1942.  The earliest evidence of the patch on a Border Patrol uniform is a photograph from 1944.  See this picture* and this document.  
  • 1938 Uniform Sketches​
    • As research was being conducted, a series of unsigned and undated sketches were discovered surrounded by documents from 1938.  These sketches are believed to be part of discussions that, in part, led to the creation of the U.S. Border Patrol patch.  On page 5 of this document is a sketch shaped like the United States with the words "Border Patrol".  The background color is blue and the lettering is silver.  Following the pattern of the time, there may have been discussions of gold lettering for Chief Patrol Inspectors and above.  Although the original concept was to have a patch that was shaped like the United States, the manufacture of such a complex shape was cost prohibitive at the time.  Therefore, it is believed that the patch shape was changed to a less expensive circle and the outline of the United States sewn onto it.

* A special thanks to the U.S. Border Patrol Academy for providing the 1944 photograph.

• On August 4, 1942, the U.S. reached an agreement with the Mexican government for the importation of Mexican agricultural workers. The bilateral agreement was officially known as the Mexican Farm Labor Program and would evolve to be the Bracero Program.
  • From - HONOR FIRST:  The Story of the United States Border Patrol - Volume I by Joseph Banco

1956

• On July 31, 1956, Frank H. Partridge (1893-1994) authorized the routine transfer of Assistant Chief Patrol Inspector Richard E. Batchelor (1919-2015) from Tucson Sector (GS-9) to Miami Sector (GS-11) to be assigned as the Intelligence Officer. The memo informed George F. Klemcke (1915-1967).  Points of interest in the memo are:
  • Similar to today's Chief Patrol Agent position with two classes (GS-15s and SESs), there were two classes of Assistant Chief Patrol Inspectors (GS-9 and GS-11),
  • George Klemcke had the title of "Chief of Border Patrol" in the memo (this may have been in an acting role).  Various newspaper obituary sources list him as the Deputy Chief of Border Patrol at the time of his death.

1961

• On August 3, 1961, a father and son highjacked an airplane that was en route to El Paso, Texas.  The skyjacking ended when Border Patrol Agent Leonard Gilman (1918-2012) punched the father hard enough to knock him unconscious, breaking his hand, and FBI Special Agent Francis Crosby (1913-1974) took custody of the son.
  • At the time, Gilman was the Associate Deputy Regional Commissioner for the Southern Region.  As part of the U.S. Border Patrol’s 75th Anniversary, Leonard Gilman was interviewed and had the following to say about the incident,
    • The plane landed in El Paso to refuel and the Border Patrol was called into secure the area. And that was when it became quite tense. President Kennedy had ordered that there would be no negotiations and that the plane was not to leave the ground. The Border Patrol then stopped the plane from taking off and shot the air out of the plane’s tires. I had been standing in position to watch the father and I could see he was becoming hysterical. At that time. I had signaled the engineer with my eyes that I was going and as I came back across, I had to hit at a bit of an angle which did break the bone in my wrist. But I had to hit at an angle so I could knock him into the son so we could be sure we wouldn’t have a serious accident or someone to have the opportunity to fire the guns. You go through the training we have all had and the background and training I had had in the physical world. It is what you would expect, you had to try at least​
  • From - HONOR FIRST:  The Story of the United States Border Patrol - Volume II by Joseph Banco

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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

​2010
 
Jose M. Martinez
Border Patrol Agent
Buffalo Sector
On August 4, 2010, Border Patrol Agent Jose M. Martinez was on patrol near Sackets Harbor, New York, in the Wellesley Island Border Patrol Station’s area of responsibility within Buffalo Sector. At about 0200 hours, Agent Martinez heard an urgent request for assistance from the Jefferson County Sheriff’s Department regarding a domestic disturbance with shots fired in Sackets Harbor. Law enforcement presence in this rural area is minimal at best, with no local police, and few deputies or State Police troopers on duty or nearby in such early morning hours. Area law enforcement agencies depend upon each other for assistance when needed, and this morning was no exception. Agent Martinez was one of the first back-up officers to arrive.
 
Prior to Agent Martinez’ arrival, a male subject had shot his wife multiple times with an assault rifle, leaving her lying critically wounded in the common hallway vestibule of an apartment building. Two Jefferson County Deputies, the only officers then at the scene, had just attempted to rescue the woman, but were forced to retreat when the male subject threatened them at gunpoint from the doorway of his apartment, near where the woman was lying.
 
Understanding this, and in the face of the still threatening active shooter, Agent Martinez demonstrated outstanding courage and volunteered without hesitation to attempt a rescue of the woman. Acting quickly, decisively, and selflessly, Agent Martinez and two deputies made a tactical approach towards the building. 
As one deputy covered them, Agent Martinez and the other deputy entered the immediate danger area, still threatened by the assailant. They grabbed the motionless and defenseless woman, and dragged her out of the building to safety and a waiting ambulance.
 
Agent Martinez then remained at the scene to assist the local agencies with perimeter security while negotiators attempted to talk the now barricaded assailant out of the building. The subject finally surrendered without further incident when local officers entered the residence at about 0645 hrs.
  
Border Patrol Agent Jose Martinez’ extraordinary bravery and intrepidity in the face of recognized, real, and eminent danger saved the life of Sherry Morris, at the extreme risk of his own life.

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USBP Fallen

As of May 16, 2022, the U.S. Border Patrol has suffered 152* fallen.
Titles:

• 3 Mounted Watchmen fell before 1924 and are carried as Border Patrol fallen
• 48 Border Patrol Inspectors fell between 1924 and 1970
• 100 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.

*With the exception of two of the fallen immediately below, all names are listed (or in the process of being included) on the official Honor Roll of U.S. Border Patrol Fallen and inscribed on the National Law Enforcement Officers Memorial.  The U.S. Border Patrol should fix these discrepancies. HonorFirst.com honors both of the fallen.

• Joe R. White - He is recognized as officially fallen by the U.S. Border Patrol but his name is not inscribed on the National Law Enforcement Officer Memorial.
• John Charles Gigax - He is not recognized as officially fallen by Customs and Border Protection or the U.S. Border Patrol. He is remembered by all except his own agency with his name is inscribed on 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).

1925
 
Augustin de la Pena
Date of Birth:                     October 9, 1882                                                       
Entered on Duty:               August 9, 1923
Title:                                  Patrol Inspector
End of Watch:                    August 2, 1925

Details:
On August 2, 1925, Patrol Inspector Augustin De La Pena was shot and killed by an insane Mexican at Rio Grande City, Texas. While eating supper in a restaurant, the officer, accompanied by Patrol Inspector Fred Neale, noticed a Mexican enter the restaurant and get into an argument with the proprietor. It was later learned the Mexican's name was Macario Pena. The Mexican acted very peculiarly, and the officers noticed that he was armed with a revolver. After he left the restaurant, Patrol Inspector De La Pena decided to follow him and question him in regards to his immigration status. Inspector De La Pena followed him into the drug store and started to question him when the Mexican drew his revolver. The officer ordered him to drop the gun, but instead the Mexican fired the bullet struck De La Pena in the abdomen. Wounded, he attempted to take the revolver away from the Mexican. The two struggled behind a counter in the store, which made it impossible for others to assist. De La Pena became weakened by the loss of blood, and in order to protect others, drew his own revolver and shot the Mexican, killing him. Inspector De La Pena died on the operating table a few hours later.

Survivor benefits - As per this document, his wife received $96.67 per month for her and their eight children.  After 7 children turned 18, his wife received $65.25 per month for her and one child.  The document states that after being shot, his last words were, "My poor family."

​Gravesite
 
 
1986
 
Norman R. Salinas
Date of Birth:                February 18, 1960
Entered on Duty:          December 9, 1984
Title:                              Border Patrol Agent
End of Watch:               August 4, 1986
 
Details:
Border Patrol Agent Norman Ray Salinas died on Monday, August 4, 1986, at approximately 1:20 a.m., when the government van he was driving went out of control on Interstate 35, south of Cotulla, Texas.
 
Agent Salinas was transporting Carlos Martinez Alvarenga, an illegal alien from El Salvador, to the Lasalle County Jail in Cotulla from Laredo. Lasalle County Sheriff Darwin Avant stated that Agent Salinas apparently failed to negotiate a curve. The van left the road running onto a median, rolling over several times before finally bursting into flames. Both Agent Salinas and Martinez Alvarenga were thrown from the van. They were dead before the first officers arrived on the scene.

​Gravesite
 
 
2014
 
​Javier Vega, Jr.
Date of Birth                 June 17, 1978
Entered on Duty:          February 11, 2008
Title:                             Border Patrol Agent
End of Watch:              August 3, 2014
 
Details:
On Sunday, August 3, 2014, Border Patrol Agent Javier Vega, Jr. was shot and killed near Santa Monica, Texas, as he attempted to take a law enforcement action during a robbery while he was fishing with his wife, children, and parents. Two illegal aliens approached them and attempted to rob them. Agent Vega was shot in the chest when he attempted to draw his weapon. His father was also shot and wounded as he returned fire at the men.

Both men fled the scene, but were arrested a short time later. They were charged with capital murder, attempted capital murder, and other crimes. It is believed the same subjects had committed numerous similar robberies at the direction of a Mexican cartel. Both men had been previously deported numerous times.

On September 20, 2016, it was determined that, in light of information identified during the intensive investigation completed by the Willacy County Sheriff s Department, Agent Vega's actions were indicative of his law enforcement training and that he instinctively reacted, placing himself in harm's way to stop a criminal act and protect the lives of others. His death was re-determined to have been in the line of duty.

Agent Vega, who was 36 years old, entered on duty with the U.S. Border Patrol on February 11, 2008, as a member of Academy Class 745.  Agent Vega was a U.S. Marine Corps veteran and had served with the United States Border Patrol for six years. He is survived by his wife, three children, parents and brother.

​Gravesite
 
 
2020
 
Marco A. Gonzales
Date of Birth:                October 19, 1970                              
Entered on Duty:          November 14, 2005
Title:                             Border Patrol Agent 
End of Watch:               August 5, 2020
 
Details: 
Border Patrol Agent Marco A. Gonzales passed away on August 5, 2020.  The circumstances of his passing were reviewed by an executive panel and the CBP Commissioner who agreed that this death occurred in the line of duty. Agent Gonzales will be remembered for his diligent service to the nation and for his bravery in the face of danger.
 
BPA Gonzales entered on duty on November 14, 2005, as part of the 606th Session of the Border Patrol Academy. He served as an agent at the Brackettville, Texas Station throughout his career. During his tenure, Agent Gonzales also served his fellow agents as a union representative.
 
Prior to becoming a Border Patrol agent, Agent Gonzales honorably served his country in the U.S. Marine Corps.  He is survived by his wife, Maria, three children and his parents.

​Gravesite
 

2021
 
Daniel P. Cox
Entered on Duty:         July 28, 1997
Title:                            Supervisory Border Patrol Agent
End of Watch:             July 31, 2021

Details:
Supervisory Border Patrol Agent Cox and another driver were killed on July 31, 2021 in a head-on crash on State Route 86 near Sells, Arizona.  Agent Cox and the other driver were pronounced dead about 12:20 a.m.  

Agent Cox entered on duty on July 28, 1997 at the Eagle Pass Station in Del Rio Sector as part of the 346th Session of the Border Patrol Academy.  At the time of his death, he was assigned to the BORSTAR unit in Tucson Sector as a Canine Handler and Canine Instructor.

Prior to becoming a Border Patrol Agent, Agent Cox served in the U.S. Army, receiving an Honorable Discharge in 1998.

He is survived by his daughters, Alexandria and Elizabeth: sister, Sonia: brother Gilbert: father Stacey: and half-brother, Lucas.

Cremated​
 

​Edgardo Acosta-Feliciano
Entered on Duty:          July 3, 2006
Title:                              Border Patrol Agent
End of Watch:               July 31, 2021

Details:
Agent Acosta-Feliciano died on July 31, 2021.  The circumstances of his passing were reviewed by an executive panel and the CBP Commissioner who determined that this death occurred in the line of duty.

Agent Acosta-Feliciano entered on duty on July 31, 2021 as part of the 626th Session of the Border Patrol Academy.  At the time of his death he was assigned to the Deming Station in the El Paso Sector.

Prior to becoming a Border Patrol Agent, Agent Acosta-Feliciano served in the U.S. Army Reserve Civil Affairs and completed a tour of duty in Afghanistan in 2004.

He is survived by his wife, Astrid; daughter, Veronica; sons, Adrian and Adner; father, Eduardo; sisters, Gloribel and Maribel; and brothers, Eduardo, Ricardo, and Reynaldo.
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Gravesite