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Picture

This Week in USBP History, Vol. 58

10/9/2022

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October 9 - October 15

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Good morning!

Welcome to another This Week in USBP History!  

Let's start today's newsletter discussing flags.  

To lay a foundation, I remember being young agent in Laredo and seeing an absolutely huge Mexican flag across the river.  One source has the flag being roughly 93' X 164' and weighing almost 800 pounds!  My partner and I were discussing the Mexican flag and he was upset that it was larger than the United States flag on our side of the border. One source has the flag being roughly 93' X 164' and weighing almost 800 pounds!  My partner and I were discussing the Mexican flag and he was upset that the Mexican Flag was larger than the United States flag.  He told me that the United States should fly a larger flag.  I countered his suggestion by telling him that both the United States and Mexico could better spend their money on things far more important than flying ever larger flags. I continued by telling him that regardless of the relative sizes of the national flags that the United States was a better country.  The size of the flag didn't matter.

Continuing on the theme of flags, when was the last time you saw a military joint color guard?  Did you notice the order of the flags, their precedence?  There are several rules that define the order.  Two of the main rules are:
  • What a flag represents, e.g. country, state, department, agency, organization, etc, and
  • The date of creation of the country, state, department, agency, organization, etc.
 
Look at the photograph of the military color guard below.
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The order of the flags are (L to R):
  1. United States - Taking precedence over the others because it represents a country
  2. U.S. Army - Most senior of the Armed Services, date of creation June 14, 1775
    • I will mention that the National Guard claims December 13, 1636 as their date of creation but their flag is never first
  3. U.S. Marine Corps - Date of creation November 10, 1775
  4. U.S. Navy - Date of creation October 13, 1775.  
  5. U.S. Air Force - Date of creation September 18, 1947
  6. U.S. Space Force - Date of creation December 20, 2019
  7. U.S. Coast Guard - Traces its origin to the Revenue Cutter service (August 4, 1790) but received its current name on January 28, 1915.
 
Let's unpack that order of precedence.  Obviously, the United States flag is the highest because it represents a country, and the U.S. Army flag is second because it's the oldest of the Armed Forces (not counting the National Guard).  The U.S. Coast Guard is the most junior, I guess, because it's not part of the Department of Defense in peacetime.  I imagine that another argument for the USCG flag being last is that the Secretary of the Department of Defense is #6 in the United States Presidential line of succession and the Secretary of Homeland Security is #18.  Although, Secretary Mayorkas is Constitutionally ineligible to become President because he was born in in Havana, Cuba and therefore not a natural-born citizen.
 
But what about the Navy and Marine Corps flags?  The Navy is clearly older than the Marine Corps, right? Well, there are several stories and I'll briefly give one of them...  Both the USN and the USMC can trace their beginnings to the 1775 dates listed above, making the USN 28-days older that the USMC.  What many people do not know, is that both services were disbanded after the Revolutionary War in 1783.  The USN was reconstituted in 1794 and claimed their year of reconstitution as its new date of creation.  When the USMC was reconstituted in 1798, it recognized its original 1775 date if creation, making it the older service.  However, in 1972, Chief of Naval Operations Admiral Zumwalt authorized the USN to recognize the 1775 date as the date of creation. But, 50 years later and the old precedent is still unbroken with the USMC flag still taking precedence over the USN flag.
 
I know what you're thinking, "Great military history lesson, Cliff.  Do you have point that's related to the Patrol?"  I do have a point...  Did you know that within Customs and Border Protection, several of the Offices have organizational flags?  I'm going to discuss only the three of the flags of the uniformed Offices... Air & Marine Operations (AMO), Office of Field Operations (OFO), and the U.S. Border Patrol (USBP).  Specifically, I'm going to speak of their order of precedence...
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AMO Flag
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OFO Flag
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USBP Flag
Above, I've displayed the flags in their order of precedence based on alphabetical order, which is an accepted order of precedence.  Many times, all of the state flags of the United States will be displayed in alphabetical order.

However, from 2003 to 2016 the USBP flag nearly always took precedence over the other Office flags.  It became the practice within CBP that was followed in every color guard although not supported by any official document.  The Office flags were displayed - USBP, OFO and AMO.  The arguments that support this approach are:​
  1. The USBP flag is older that the OFO and AMO flags.  The USBP flag's design was finalized on June 11, 1999.  The flags of OFO and AMO were created later.
  2. The USBP flag has greater legitimacy because U.S. Army Institute of Heraldry finalized its designed. See this document.
    • Retired Chief Patrol Agent Ron Sanders gave me a bit more information about the USBP flag in an email he sent me:
      • On page 3 of his December 9, 1997, letter to the Chiefs it was noted by Thomas L. Wacher, CPA/ELC, Secretary to the Chiefs Association that:
        • “Chief Kruhm said the decision on the Border Patrol flag is green with 22 stars. (21 for the Sectors and one for the Academy). Thanks to all that took the time to vote. This will have to be approved by DOJ and then we can purchase the flags for Sectors and Stations.”
  3. The USBP maintained its organizational identity better and the legacy U.S. Customs Service Office of Field Operations.
 
I will also note that the argument could be presented that the OFO flag should take precedence over the other CBP Office flags for the following reasons:
  1. OFO traces its organizational beginnings to the beginning of the U.S. Customs Service on July 31, 1789, making OFO much older than the USBP or even the Immigration Service which traced it's beginnings to the Immigration Act of 1891, Section 7, on March 3, 1891.
  2. On December 16, 2016, the Executive Assistant Commissioner of the Office of Field Operations, Todd C. Owen, signed an official document defining the order of precedence of CBP flags based on "earliest date of establishment":
    1. OFO (USCS) - July 31, 1789
    2. USBP - May 25, 1924
      • The listed date is not correct.  The USBP was created by the Bureau of Immigration with the passage of Public Law 68-153, an approved appropriations bill (page 240), on May 28, 1924.
    3. AMO - January 17, 2006
 
However, no other CBP Office, including the USBP, is required to follow the official guidance from OFO.  

So, nearly two decades after the U.S. Customs Service was renamed U.S. Customs and Border Protection (see page 186 of this document), something as simple as an Office flag precedence has not been established.

Regardless of the logic applied to define the order of precedence, the Office of the Commissioner should create the document and provide the guidance.  Recalling how this intro began...  It does not matter the size of an organization's flag, nor where it's located in an order of precedence.  An organization's pride is not anchored to such trivial concepts. Whether the USBP's flag is first, last, largest or smallest, the Patrol is a meaningful organization that is rich in history, tradition and culture!  Honor First!
 
As always, this week brings us many interesting anniversaries in USBP history.  We start with a 1907 document concerning Jeff Milton.  We see 1918 memo from the Father of the Border Patrol.  We also have three references form Joe Banco's must buy USBP History books.
 
We remembered Border Patrol heroes on the anniversary of the actions that led them to being presented the Newton-Azrak Award.
 
Finally, we remember Patrol Inspector Henely L. Goode Jr. who died due to a duty related injury in 1969.
 
Enjoy the blog and 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 send them to cliff@honorfirst.com).
  • 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.

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/Events

1907
  • On October 7, 1907, William T. Hornaday (1854-1937) of the New York Zoological Society wrote a letter to Secretary of the Department of Commerce and Labor  "Nathan Strauss" requesting the Jeff Milton (1861-1947) be granted a leave of absence to guide his expedition through the "un­explored territory in northwestern Sonora."  
    • Hornaday, got the Secretary's name wrong.  "Oscar Straus" (1850-1926) was the Secretary of the Department of Commerce and Labor.
1918
  • This memo written on October 15, 1918, by future Chief and Father of the Border Patrol Frank Berkshire (1870-1934), details the conditions, attitudes and difficulties along the Southwest border after the implementation of laws and regulations were passed regarding aliens crossing the border.  From Berkshire's perspective, the creation of a "Border Patrol" was the solution to enforcing those laws and regulations. 
1927
  • On October 11, 1927, Chief Patrol Inspector Grey of the Houlton Sub-district writes his boss, the Commissioner of Immigration for the Montreal District, explaining the need to have 5 men assigned to each of the subdistrict's stations (Calais, Vanceboro, Houlton and Fort Fairfield).  He also, takes the opportunity to request additional equipment. Also, noteworthy in the memo that CPI Grey's does not identify his AOR as a "Sub-district #1" but as "Patrol District #1".  That is contrary to the naming convention order in General Order 61 in 1926.
  • On October 12, 1927, Chief Patrol Inspector Thomas of the Massena Sub-district also writes his boss, the Commissioner of Immigration for the Montreal District.  Based on this document, it is evident that he and CPI Grey were responding to a memo from their boss.  This memo, CPI Thomas describes the manpower and AOR of the sub-district's four stations (Fort Covington, Massena, Morristown, and Depauville).  Further, CPI recommends and provides his justifications for opening another station at Hogansburg, NY.  Like CPI Grey above, CPI Thomas does not use the naming convention mandated by General Order 61.
1930
  • This PDF contains two memos and a sworn statement detailing a brief exchange of gunfire that occurred on October 16, 1930, between Border Patrol Inspectors and alcohol smugglers in El Paso, TX.  The following Border Patrol Inspectors were involved in the gunfight:
    • Senior Patrol Inspector Paul N. Ross (1898-1950)
    • Patrol Inspector Walter L. Muehlhause (1905-2005)
1943
  • On October 13, 1943, acting Chief of the Border Patrol John Nelson (1906-1979) wrote his boss, Willard Kelly (1903-1969),  the previous Chief of the Border Patrol a memo explaining the reasons that 143 of 253 Border Patrol Inspectors had left employment (18 were terminated and 125 resigned).  Very interesting about this memo is that it clearly shows that Willard Kelly had promoted above Chief of the Border Patrol and that John Nelson (who was the Director of the Border Patrol Academy) had been temporally promoted to Chief of the Border Patrol which would late become a permanent promotion.
    • Nelson's death certificate shows that he left the Border Patrol and become an "Atomic Engineer" with an unnamed organization.  The 1950 census has him living in Los Angeles, California and working for the INS.
1940
  • On October 14, 1940, Congress passed the Nationality Act of 1940, which for the first time unified and codified U.S. laws relating to naturalization, citizenship, and nationality. The Nationality Act of 1940 clarified “eligibility for citizenship through birth or naturalization,” including residency requirements, actions which would bar immigrants from naturalization, and conditions for loss of nationality.516 These two laws would play an important part in the actions of the U.S. Border Patrol in apprehending and detaining those identified as subversive and enemy aliens during and after World War II.
    • ​From - HONOR FIRST:  The Story of the United States Border Patrol - Volume I by Joseph Banco
1944
  • On October 10, 1944, Tule Lake Segregation Center was transferred to the Department of Justice and Border Patrol Inspectors replaced military guards at the center. Approximately 70 Patrol Inspectors were assigned to Tule Lake, taking over the duties which had previously been administered by 450 Army officers and enlisted men.755 By this time, the internee population had been reduced from 18,000 to 3,300 through repatriations, transfers to other camps, and parole of those determined to be “loyals.”
    • ​​From - HONOR FIRST:  The Story of the United States Border Patrol - Volume I by Joseph Banco
1945​
  • The Fort Stanton Internment Camp closed on October 10, 1945, after transferring the last of its 24 Japanese internees, who had volunteered to help dismantle the camp, for repatriation to Japan from Terminal Island, California.645 During its operation, it housed not only the 410 men of the S.S. Columbus, but a total of 778 internees that included 695 Germans, 21 Italians, and 62 Japanese.
    • ​​From - HONOR FIRST:  The Story of the United States Border Patrol - Volume I 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
​1980
 
Myron B. Merchant - award memo, news article
Border Patrol Agent
Swanton, Vermont

On October 14, 1979 at approximately 10:30 p.m. a call was received by Border Patrol Agents at Rouses Point, New York that two men were walking in a sparsely populated rural area south on Cannon Corners Road near Mooers Forks, New York.  Border Patrol Agent (BPA) Myron Merchant and another agent responded to the call.  BPA Merchant took a surveillance position at the intersection of Cannon Corners Road and Route 11.  Soon afterwards, BPA Merchant saw two men walking a short distance from his location.  Suddenly the men ran into the woods. BPA Merchant notified the other agent by radio of the circumstances and followed the suspects into the woods.  About fifty feet from the road BPA Merchant came under close range gunfire. One shot struck him in the upper abdomen, knocking him to the ground.  One of the assailants walked toward him and raised his weapon in an apparent attempt to kill him.  BPA Merchant instinctively rolled on the ground as the assailant fired narrowly missing him.  BPA Merchant drew his weapon and returned the gunfire, killing the assailant. While seriously wounded, BPA Merchant marked the position of the dead man with his flashlight and then crawled on his back to the road where he was met by the agent he had earlier radioed.
 
During the gunfire the second man fled.  He was captured later at a New York State Police roadblock in Mooers, New York.  BPA Merchant’s ability and presence of mind to be able to give a description of the second man greatly contributed to his capture. The two men were later identified as two escapees who had been charged with murdering a Montreal, Quebec police officer and seriously wounding two other officers of that city.  BPA Merchant’s actions that evening reflect his great personal courage and presence of mind during an emergency life and death situation.
 
 
2002
 
Robert H. Arnold Jr.
Senior Patrol Agent
El Paso Sector

Herbert L. Williams
Supervisory Border Patrol Agent
El Paso Sector

Senior Patrol Agent Robert H. Arnold Jr. and Supervisory Border Patrol Agent Herbert L. Williams were recognized for their acts of bravery and heroism during the pursuit of a narcotics load vehicle after it illegally entered the U.S. with 1,900 pounds of marijuana.  
 
On October 12, 2002, Agent Arnold and his partner Border Patrol Agent Valerie Jaramillo pursued a narcotics load vehicle back to the Rio Grande River after it had entered the United States illegally. This occurred approximately 27 miles east of the Ft. Hancock, Texas Port of Entry.  
 
The driver abandoned the vehicle (containing 1,900 pounds of marijuana) and crossed back into Mexico. The driver, along with several other armed assailants, began shooting into the United States at these agents.  Agents Arnold and Jaramillo were ambushed and came under heavy gunfire.  Agent Jaramillo was shot in the leg and the same bullet narrowly missed Agent Arnold.  Additional rounds struck the engine compartment and battery, disabling their vehicle.  
 
Supervisory Border Patrol Agent Herbert L. Williams entered the area as back up and took heavy fire.  Agent Arnold returned fire from cover.  Agent Williams positioned his vehicle in the line of fire to provide additional cover so that Agent Jaramillo could be extracted safely.  Agents in self-defense of the heavy automatic gunfire fired over 240 rounds.  Agent Arnold removed Agent Jaramillo to Agent Williams vehicle and then left the scene to meet with a medical helicopter.  Agent Williams provided cover fire as they left the area, at which time they were continuing to take heavy fire from Mexico.  Agent Williams was able to safely get out of the line of fire and Agent Jaramillo subsequently recovered from her gunshot wound.

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).
​1969
 
Henley M. Goode, Jr.
Date of Birth:                April 7, 1929
Entered on Duty:          August 24, 1953
Title:                             Patrol Inspector
End of Watch:              October 11, 1969
 
Details:
During the morning of September 6, 1969, Patrol Inspector Henley M. Goode, Jr. was injured when he fell on the steps of the U.S. Post Office Building, Fort Fairfield, Maine. He had just departed the Border Patrol Office on the second floor of the building and as he neared the lobby level, he tripped and fell a short distance to the lobby floor. There were no witnesses to the accident, but several postal employees heard the sound of someone falling and a voice calling for help.
 
They responded immediately, and obtained a doctor and an ambulance. Examination revealed Patrol Inspector Goode had sustained a fractured left kneecap (Patella). He died unexpectedly on October 11, 1969, at the Fort Fairfield Community Hospital. His death was attributed to pulmonary embolus.

​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.


    Joseph Banco

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

    ​Read more about Joe here.


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