This Week in USBP History, Vol. 92

June 4 - June 10

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Intro

Good Morning!

Welcome to another This Week in USBP History!

​Today's intro is about the CBP polygraph.

The High Cost of Doubt:
​The Impact of the Polygraph Test on U.S. Border Patrol Staffing

The Challenge
The United States Border Patrol (USBP), a crucial branch of the U.S. Customs and Border Protection (CBP), is in the midst of a serious crisis. Over the past decade, CBP has consistently ranked in the lower decile of the Federal Employee Viewpoint Surveys. In the most recent evaluation, it found itself at a troubling 419th position out of a total of 432 subcomponent agencies.

Best Places to Work in the Federal Government® rankings, U.S. Customs and Border Protection

This is a matter of deep concern, as the USBP forms approximately 40% of the CBP's workforce. Regrettably, the number of Border Patrol agents has been dwindling due to problems with staff retention and a mounting difficulty in hiring new personnel. Projections for the USBP's future are bleak, as we face a worrying trifecta of circumstances. First, overall morale within the USBP is on a downturn. Second, an increasing number of discretionary retirements and departures are further depleting our ranks. Lastly, a substantial chunk of agents that were hired during the hiring surge of 2006-2010 are nearing their retirement age, which adds a ticking clock to an already tense situation.

​A statistic that starkly highlights the severity of the issue is that a mere 2% of applicants successfully navigate the recruitment process to become a Border Patrol Agent. 98% of applicants fail to become Border Patrol Agents! This startling figure is a testament to the systemic challenges that are preventing our efforts to bolster the USBP's ranks.

A Significant Roadblock: The Polygraph Test
CBP's current polygraph testing protocol, administered by the Office of Professional Responsibility (OPR), plays a significant role in this troubling trend.

See the CBP Polygraph website here.

CBP, Office of Professional Responsibility

During the Fiscal Year 2022 recruitment cycle, it became evident that a significant portion of candidates were unable to pass the polygraph test or chose to exit the process at this stage. This fact is especially striking considering that about three-quarters of those who reached this point were no longer considered for the positions, primarily due to their performance on the polygraph test or their decision to withdraw.

While the polygraph test is mandated by the Anti-Border Corruption Act of 2010 (codified in 6 U.S. Code § 221​), the high rate of failure or withdrawal raises questions, not necessarily about the validity of the polygraph itself, but rather about the administration of the test by the OPR.

Psychologists generally agree that polygraph tests, while not foolproof in detecting deceit, can serve as stress detectors, given that they measure various physiological reactions incited by a wide range of emotions. 

If administered appropriately, the polygraph test could be a useful tool in the recruitment process. However, the current administration methodology employed by the OPR appears to be creating a significant barrier for otherwise eligible and enthusiastic candidates. This issue further complicates the already challenging task of alleviating the staffing shortage at USBP.

​Taking A Closer Look
​Even more troubling is the realization that the polygraph examination does not stand in isolation. It is but one component in a series of rigorous steps that each applicant must successfully navigate. Each of these stages presents its own unique set of challenges and discontinuation rates.

Undeniably, the polygraph stage has the highest discontinuation and failure rate. However, it's crucial to understand that the cumulative effect of these multiple stages creates an extremely narrowed funnel. This system, in its entirety, filters out a staggering majority of the candidates. As mentioned before, 98% of individuals who initiate the process to become a Border Patrol agent fall short of completing it! This is not just a statistic, but a daunting reality that underscores the urgent need for reform.

The Need for Change
In light of these considerations, it is apparent that a reform of the current hiring process is required. It's crucial to devise a method that remains within the confines of the Anti-Border Corruption Act of 2010  but does not needlessly impede the hiring of competent candidates.

Possible modifications could include a comprehensive review and update of the polygraph procedures, further training for examiners to increase consistency in administering the tests, and enhanced oversight to ensure the integrity of the process.
Moreover, the implementation of more reliable and accurate lie detection technologies, such as those based on functional brain imaging, may be worth exploring.

Call to Action
​The issue at hand is not just about staffing numbers; it's about the security of our borders and, ultimately, the security of our nation. It is imperative that we strike a balance between due diligence in hiring and the operational needs of the USBP.

For current and former Border Patrol agents, this issue affects us all. Share this blog, discuss these concerns, and let's advocate for a more effective, equitable, and efficient hiring process. The future of the U.S. Border Patrol depends on it!

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This week, we embark on a captivating journey through the U.S. Border Patrol's storied past. Witness the genesis of the Border Patrol from Frank Berkshire's pioneering 1918 proposal, then journey through its evolution under the watchful eyes of leaders such as Willard Kelly and Ruel Davenport. Experience the adrenaline of a 1920s gunfight with smugglers near El Paso, examine the profound impact of Henry Carpenter Smither Sr.'s border patrol consolidation efforts, and celebrate the formation of the USBP Pistol Team in the mid-1930s. Leap to the innovative 1950s with Kelly's unique vision for a new training school, then fast-forward to the 21st century. We'll conclude with a tale of exceptional professional dedication from Border Patrol Agent Shon McNeal in 2021. His swift, lifesaving actions at a vehicle accident scene exemplified the service ethos of the Border Patrol. Dive into these intriguing tales and more in this week's historical exploration!

​We remember two of the Patrol's heroes on the anniversary of their Newton-Azrak Award actions.

During this week, we solemnly remember Douglas C. Shute and James M. Carter, who tragically lost their lives in the same incident in 1956. It is with a heavy heart that we acknowledge the nine separate occasions on which the USBP has experienced the devastating loss of two Agents/Inspectors in a single event, totaling 18 fallen. We honor their memory and sacrifice, with their names listed below:

1. Donald Kee and William F. Buckelew in 1954
2. Douglas C. Shute and James M. Carter in 1956
3. Theodore L. Newton, Jr. and George F. Azrak in 1967
4. Friedrich Karl and John S. Blue in 1973
5. Susan L. Rodriguez and Ricardo G. Salinas in 1998
6. Jesus de la Ossa and Thomas J. Williams in 1998​
7. Travis W. Attaway and Jeremy M. Wilson in 2004
8. Ramon Nevarez, Jr. and David J. Tourscher in 2007
9. Hector R. Clark and Eduardo Rojas,  Jr. in 2011

Daniel P. Cox and Edgardo Acosta-Feliciano both fell on July 31, 2021.  However, their causes of death were not related.

Enjoy and have a great week!

​Cliff
P.S. - 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.

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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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THROWBACK PHOTO OF THE WEEK

President Kennedy Greeting Patrol Inspectors during a Visit to El Paso, TX, June 6, 1963

• From - HONOR FIRST:  The Story of the United States Border Patrol - Volume II by Joseph Banco

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DOCUMENTS AND EVENTS

1918

• On June 7, 1918, future Chief and Father of the Border Patrol Frank Berkshire (1870-1934) submitted his first detailed proposal to create Border Patrol.  It is in this document that the "Border Patrol" was presented as a proper noun, with capital letters.  Berkshire's proposal included numerous patrol inspector ranks, guards, cooks, clerks and stablemen.  The plan also included equipment such as automobiles, trucks, motorcycles, wagons, and horses.  The plan specified the locations and numbers for all personnel and equipment.  The total came to 1,950 employees at a cost of $4 million, including equipment.

1922

• On June 6, 1922, Henry Carpenter Smither Sr. (1873-1930) announced a meeting to discuss whole of government border patrol activities.
  • Brigadier General Smither (as a Colonel) was assigned as the federal government's Chief Coordinator with the function of identifying and correcting duplications of effort.  With multiple federal agencies performing law enforcement work along the borders, his office took notice.
  • Smither would play a role in bills in the late 1920's designed to consolidate federal enforcement actions under a single border patrol within the Department of Labor.  See this 1927 article.
• On June 9, 1922, Frank Berkshire wrote a memo to the Commissioner-General concerning a checkpoint that was in use in Oceanside, California. The checkpoint was staffed with one Immigrant Inspector and three Mounted Guards and is the earliest reference to a checkpoint being used for immigration purposes of which I am aware.  Therefore, checkpoints for immigration purposes predate the U.S. Border Patrol.

1924

• On June 5, 1924, a letter of recommendation was written to the Commissioner-General on behalf of future Chief of the Border Patrol Willard Kelly (1903-1969).  The letter erroneously states that Kelly was 21 years old.  Kelly wouldn't turn 21 until June 21, 1924, the same day he was sworn into office.

1926

• On June 10, 1926, the Commissioner-General sent a memo to the Buffalo District Director.  The memo informed the District Director the the Commissioner-General had approved and ordered implemented a series of recommendations made by newly promoted Chief of the Border Patrol Ruel Davenport (1878-1961).
  • Ruel Davenport had been one of the first two "Chiefs of the Border Patrol" when General Order 61 was signed in March 1926.  He was the northern border Chief.  The southern border Chief, George Harris (1876-1941).

1927

• On June 6, 1927, Chief of the Border Patrol Ruel Davenport (1878-1961) wrote a memo to the Commissioner-General proposing what would become the USBP's first rank insignia.  
  • Please see the U.S. Border Patrol’s Early Rank and Time-in-Service Insignia page for more information.
• On June 9, 1927, near El Paso, Texas, two Border Patrol Inspectors were involved in a gunfight with alcohol smugglers.  This report, states that approximately 30 rounds were exchanged with one smuggler believed to have been wounded.  The author of the report, Senior Patrol Inspector Douglas D. Pyeatt (1902-1944), describes the area of the gunfight as being near the location where Patrol Inspector Thad Pippen (1889-1927) had been killed and Senior Patrol Inspector Egbert Crossett (1888-1967) wounded.

1929

• On June 7, 1929, El Paso District Director Grover Wilmoth (1884-1951) wrote a memo to the Chief Patrol Inspectors of the Tucson, El Paso and Marfa Sub-districts concerning the stopping of vehicles.  The memo severely curtails the use of "Stop" signs in a manner of use that would be considered a tactical or temporary checkpoint in modern times.  Further, the memo demonstrates that Wilmoth is very concerned about the practice and cautions Inspectors that "Travelers my use force to resist illegal restraint and search..."

1933

• On June 10, 1933, President Roosevelt issued Executive Order 6166, consolidating the Bureaus of Immigration and Naturalization into the Immigration and Naturalization Service (INS). With the consolidation, immediate actions were taken to significantly reduce the INS work force. The impact on the Border Patrol was felt quickly.​
  • From - HONOR FIRST:  The Story of the United States Border Patrol - Volume I by Joseph Banco

​1935

• On June 5, 1935, the Central Office disseminated the results of a shooting challenge that was issued by the Tampa Sub-district.
  • On April 11, 1935, in what would prove to lead to the birth of the USBP Pistol Team, the Tampa Sub-district issued a nationwide shooting challenge to all USBP sub-districts, “We will shoot any course of fire at any distance.”  See “How did the USBP Pistol Team begin” in the HonorFirst History page for the full story and to find out how Tampa placed after issuing the challenge.
• On June 10, 1935, the Deputy Commissioner issued a memo requesting that each district have their employees shoot competition courses of fire and forward the results to the Central Office.  The Central Office used the results to identify Patrol Inspectors that would be selected to compete at Camp Perry, Ohio, marking the birth of the Border Patrol's Pistol Team.  See this page for more information.

1950

• On June 5, 1950, former Chief of the Border Patrol Willard Kelly (1903-1969) wrote a letter recommending a path to construct a new Border Patrol Training School utilizing prison labor.
  • For decades, the UNICOR Federal Prison Industries has been used to convert vehicles into USBP emergency vehicles. 

1954

• ​The first phase of Operation Wetback also included the initiation of highly visible checkpoint and transportation check operations at locations away from the border. These efforts began on June 9, 1954, and focused on bus and train hubs, and roads leaving the border and leading to the interior.
  • From - HONOR FIRST:  The Story of the United States Border Patrol - Volume II by Joseph Banco​​

2021

• On June 6, 2021, off duty Border Patrol Agent Shon McNeal, while en route to his station, observed a single vehicle accident on Interstate 10 near Buckeye, Arizona. BPA McNeal immediately stopped to render aid to the sole occupant of the vehicle.  The driver had sustained a head injury and a severed arm.  BPA McNeal immediately applied a tourniquet to the subject's left upper arm.  BPA McNeal remained on scene and continued to evaluate the subject's condition until EMS arrived.  BPA McNeal went above and beyond the call of duty.  His life saving technique of applying a tourniquet ultimately prevented the driver from succumbing to her injuries.  ​BPA McNeal's actions brought great credit upon himself and the United States Border Patrol.
• The narrative on Agent McNeal's commendation certificate doesn't capture the full intensity of the incident due to space constraints. In a scene of chaos and danger, McNeal risked crossing two highway lanes amidst the looming threat of trucks. Upon reaching the accident site, he found himself the primary responder to a victim with a tragically amputated arm. Despite initial attempts failing to stop the bleeding, McNeal effectively applied a tourniquet from his personal first-aid kit, saving her life. Currently, McNeal continues to support the survivor, now adapting to life as an amputee. His actions exemplify the "Honor First" ethos, setting a high standard for all.

Border Patrol Agent Shon McNeal's USBP Commendation Medal Certificate

Border Patrol Agent Shon McNeal's USBP Commendation Medal Set

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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

The USBP Newton-Azrak Award Scroll

1975

James P. Moody
Border Patrol Agent
McAllen Sector
Border Patrol Agent James P. Moody was recognized for his courage while under gunfire in placing a gravely wounded fellow officer in a car and driving through that same fire to get to the hospital.
 
On June 9, 1975 at approximately 0030 hours, Senior Patrol Agent Allen H. Fry and Patrol Agent James P. Moody were performing assigned line-watch duties east of Brownsville, Texas.  Observing a suspicious car in a known smuggling area with several people visible in the car, they attempted to stop the vehicle, which immediately took evasive action.
 
The vehicle was pursued about two miles and SPA Fry driving the government unit was able to force it to stop. Several people immediately attempted to flee and were pursued by PA Moody.
 
At that time, PA Moody heard a shot and a cry from Fry that he had been hit. Moody immediately returned to the vehicle. Moody observed that Fry had managed to get to the driver's seat and was attempting to radio for assistance.
 
Moody observing that Fry was gravely injured and bleeding profusely, started around the car to assist Fry when he came under fire from a concealed position to his right.
 
Eight to ten shots were fired at Moody as he moved around the car, and he returned fire with three rounds from his service revolver. Ignoring his personal safety, he ran under fire to the left side of the Service vehicle and seeing that Fry was in grave danger of bleeding to death, placed him on the rear seat to transport him to the hospital.
 
Moody, knowing that the shortest route to the hospital was back through the area under fire, drive the car forward about 100 yards, turned around and passed back through the area of the assault, again exposing himself to extreme danger from the assailant and proceeded at a high rate of speed for the hospital. Moody alerted nearby units of the assault and the grave injury, had the hospital alerted of the emergency, which resulted in a doctor and staff being on stand-by awaiting his arrival. There is little doubt that this immediate action saved SPA Fry's life.


1992

Michael W. Snyder
Border Patrol Pilot
Del Rio Sector
On June 9, 1992, Border Patrol Pilot Michael W. Snyder assisted the Uvalde County Sheriff’s Department in saving the life of one swimmer and obtaining much needed medical attention for several others.  The Frio River was at flood stage due to recent heavy rains and swimmers were reported stranded.  Pilot Snyder flew the Service helicopter directly over the stranded couple and Captain Watkins dropped a rope to the man, who was near exhaustion yet trying to keep his female companion above water and hold on to an inner-tube.  After several attempts to get the rope to the man, it became apparent it was not going to work.  Pilot Snyder maneuvered the helicopter among tall cypress tress and power lines to obtain visual contact with the peopled in the water, dipped the skid under the man, and nudged the couple towards the banks to several other swimmers who jumped in and pulled them out of the water.  Unfortunately, the female did not make it; however, the man was saved and several others were taken by Pilot Snyder to an ambulance to receive medical attention.

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U.S. BORDER PATROL FALLEN 
ANNIVERSARIES

U.S. Border Patrol Badge with a Mourning Band

As of March 6, 2023, HonorFirst.com solemnly acknowledges the loss of 154 brave individuals who have fallen in their line of duty:

• 3 Mounted Watchmen who served before 1924.
• 49 Border Patrol Inspectors who fell between 1924 and 1970.
• 101 courageous Border Patrol Agents who have given their lives since 1970.
• 1 dedicated Enforcement Analysis Specialist.

The names listed below are respected and remembered for their ultimate sacrifice in fulfilling the oath to protect and defend the United States of America.

In preserving the historical context, the descriptions about each officer's circumstances are presented with minimal editing to maintain the original "language of the day".

Complying with the Privacy Act of 1974, any causes of death related to lethal illnesses contracted in the line of duty will not be disclosed.

It's noteworthy that Border Patrol Agent John Charles Gigax's name is inscribed on the National Law Enforcement Officer's Memorial, yet his sacrifice is not officially recognized by the Customs and Border Protection or the U.S. Border Patrol.

However, ​HonorFirst.com​ proudly acknowledges and includes Agent Gigax among our memorialized heroes.

1956

​Douglas C. Shute
Date of Birth:                   December 31, 1918
Entered on Duty:             September 5, 1950
Title:                                  Airplane Pilot
End of Watch:                  June 6, 1956

Details:
During the morning hours of June 6, 1956, Airplane Pilot Douglas C.  Shute was patrolling in a Piper Supercub. He was working with a ground unit engaged in “sign-cutting,” a term applied to locating and following footprints or other physical evidence left by a person in traversing an area. Pilot Shute landed the plane on a roadway and conferred with Patrol Inspectors James M. Carter, Emmit R. Brotherton, and Carter M. Newsome. The ground crew had located the tracks of two persons, which could more readily be checked out by officers in the aircraft. Patrol Inspector James M. Carter decided to serve as observer in the aircraft while the other officers continued to follow the tracks on the ground.  Pilot Shute informed the officers by radio that the walkers had been located and instructed to come out of the brush to be picked up by the ground crew.  
 
Shortly thereafter, the plane went into a steep climb and stalled.  It began a left spin from which there was no recovery.  It struck the ground in vertical descent.  The engine was driven back into the cockpit, the force of the impact telescoping the cabin, imprisoning the pilot and observer.  Both were killed on impact.

Gravesite



James M. Carter
Date of Birth:                    February 26, 1921
Entered on Duty:              April 25, 1955
Title:                                   Patrol Inspector
End of Watch:                   June 6, 1956
 
Details:
Patrol Inspectors James M. Carter and Carter M. Newsome were temporarily detailed from Marfa, Texas, to Comstock, Texas, on June 4, 1956, for a two-week horse patrol operation to work in the vicinity of Comstock. On June 6th these officers, accompanied by Patrol Inspector Emmit R. Brotherton, were about 35 miles north northwest of Comstock engaged in “sign-cutting,” a term applied to locating and following footprints or other physical evidence left by a person traversing an area. The officers had located two sets of footprints and were tracking them when Service aircraft N4375A, piloted by Airplane Pilot Douglas G. Shute, arrived. Thereafter, the aircraft was used in the search operation with Patrol Inspector Carter serving as observer in the plane.
 
At about 10:00 a.m., the pilot reported by radio that the walkers had been located and directed the ground crew on a course to intercept them. The plane was then seen making a banking turn to the left and resuming level flight at 100 feet altitude. Shortly thereafter, the plane went into a steep climb and at 450 feet, it stalled, falling into a left spin from which there was no recovery. There had been no change in engine power during the maneuver, in the spin, or at impact. The plane struck the ground in vertical descent, the engine being driven back into the cockpit. The force of the impact telescoped the cabin, imprisoning the pilot and observer.

Gravesite