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

It is not common knowledge that Acting Secretary John William Abercrombie (1866-1940), authorized the establishment of the Border Patrol on November 12, 1918.  However, to me, this great anniversary is overshadowed by a continuing disservice to one of the Patrol's fallen, John Charles Gigax, "Charlie" (1972-1999).  Let me describe the situation...

Charlie's is not recognized as officially fallen by Customs and Border Protection or the U.S. Border Patrol. However, he is remembered by all except his own agency with his name being 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).

Here's a little background...  Charlie was a Border Patrol Agent that was assigned to the Laredo North Station but was detailed to headquarters in Washington D.C.  Charlie's family lived in Jacksonville, Florida.  On Sunday, November 7, 1999, he was driving a government vehicle returning from a visit with them.  At approximately 10 PM, he was involved in a fatal car accident while traveling north on I-95, near mile-marker 96 in the State of Virginia.

After Charlie's death, Laredo Chief Patrol Agent John W. Montoya initiated the paperwork to have Charlie's name inscribed on the National Law Enforcement Officer Memorial.  Following the examples of Border Patrol Agent (trainee) Thomas K. Byrd, and Border Patrol Agents Jesus De La Ossa and Thomas J. Williams, whose deaths were considered in the line of duty by the USBP, Chief Montoya listed Charlie's death as in the line of duty.

When Charlie was laid to rest in a cemetery in Jacksonville, Florida, the Patrol had yet to develop an Honor Guard.  There was very little if anything done for him and his family by way of a formal ceremony.

A year and a half after Charlie's death, another Laredo North agent who was also from Jacksonville, was killed in the line of duty, Jason Panides (1974-2001).  By the time of Jason's death, the USBP had developed a robust Honor Guard with an incredible formal ceremony for honoring the fallen. 

I was part of the Honor Guard that went to Jacksonville for Jason’s funeral in April of 2001.  The Gigax family was there to support Jason's family. 

After Jason's funeral, Charlie's father, Don Gigax (1950-2016) commented that a similar ceremony had never been conducted for his son.  Further, we were surprised to find that Jason was buried only about 100’ from Charlie.  See the full-sized photo, where Jason's tombstone can be seen in the background with Charlie's in front.

The Laredo Sector Honor Guard asked the Gigax family to wait until Jason's family had left the cemetery.  Then the Laredo team reformed and conducted an impromptu ceremony for Charlie and his family include a flag folding, 21-gun salute, taps, and Amazing Grace by the sector pipe band.  

In 2004, I was promoted to the Laredo North Station where a young agent with the name Gene Gigax had recently began his career.  It turned out that he was Charlie's younger brother and was present at that impromptu ceremony in Jacksonville.  It was incredible that he was assigned to the same station as his brother Charlie which was also Jason's station.  I was Gene's supervisor for a year and he was a great agent!

Years later, Gene would leave the Patrol to work as a Customs and Border Protection Officer, and we happened to touch bases.  During our conversation he shared that he was curious why everyone other than the Border Patrol recognized the death and loss of his brother. I could not provide an answer to him so I told him to contact AskHQ.  AskHQ is a defunct, internal CBP mechanism by which questions could be asked and answered by headquarters. Below is Gene’s AskHQ submission from May 22, 2013 (OBP = Office of Border Patrol);

• My brother John Charles Gigax was killed in 1999 while traveling from a TDY assignment at OBP HQ in an official government vehicle. Why is it that the “Patrol” fails to recognize him on any CBP websites or memorials? His name is on the Police Memorial Wall in DC, the American Police Hall of Fame wall in Titusville, FL, and also on the Officer Down Memorial Web page. Every year for the last decade, my parents have attended Police Week, and every CBP Valor Memorial at the Ronald Reagan Building.  For the last nine years that have sat in silence as my brother’s name is not read in the Roll Call. Why is it that the agency he worked for doesn’t honor him while others do?   

On June 14th HQ gave the final response which in part stated;

• John’s accident occurred during his scheduled day off duty while on Detail out here to HQ.  Since he was TDY he was “on duty” at the time of his passing yet he was not “in the line of duty.”  As such, his death didn’t meet the Line of Duty Death criteria for being placed on the Border Patrol Agent Memorial.  This decision is based on the official information that OBP has regarding your brother’s passing.   If, however, you and your family have additional information you could provide that would possibly qualify John for the memorial, OBP will review this case.

That is a substandard response to a family member to justify why Border Patrol Agent John Charles Gigax is recognized as fallen by every organization except his own!  Further, the distinction between "on duty" and "in the line of duty" deaths would not be defined until years after Charlies death.

I have the form that was submitted by Laredo Sector to the National Law Enforcement Memorial on August 28, 2001.  John Charles Gigax’s death met the approval process of the National Law Enforcement Memorial.  His death certificate is part of the packet.  His cause of death after an autopsy was soot and smoke inhalation caused from an automobile accident.  His cause of death is accidental (not suicide) and no substances (drug or alcohol) were found in his blood. Further, his death was labeled "line-of-duty" in many sources, including documents submitted by the USBP, a CBP webpage and even Congressional records.

In 2003, CBP published a webpage that stated in part:

• Family members of the four Border Patrol Agents who lost their lives in the line of duty were present to view the gratitude of DHS senior leadership. Border Patrol Agents Roberto Javier Duran, Eloy Hernandez, Catherine M. Hill, and John C. Gigax will never be forgotten.

A 2008 Congressional record states:

• Sadly, on November 7, 1999, Mr. Gigax was killed in the line of duty.

Every Police Week for 15 years, Don (1950-2016) and Margarita Gigax (Charlie's parents) would come to D.C.  The Border Patrol never read their son’s name with the Patrol's other fallen which was painfully obvious to them.  Even though all other survivor organizations gave full honors to their son, officially, the Patrol never did...  And still doesn't... 

Organizationally, the Border Patrol and the INS “turned on” the switch to memorialize Charlie by having his name put on the National Law Enforcement Memorial, and by referring to his death as “in the line of duty”.  Charlie needs to be added to the Patrol's list of the fallen.  Hopefully, this newsletter provides the kindling for the Patrol to right that decades-long wrong.

This week is a bit light on documents, but what we have is pretty significant!  We see a 1918 document that authorized the establishment of the Patrol!  We also see a 1924 photograph of El Paso Sub-district Border Patrol Inspectors introducing a prototype uniform a month before the police would be approved.

We do not have any Newton-Azrak Award action anniversaries.  However, I am highlighting retired Senior Patrol Agent Theo D. Hudson being presented the Newton-Azrak Award in 1992.  Many times, the award is associated with acts of heroism and valor.  However, 1973-2003 it could also be awarded for:

• Outstanding accomplishments in special law enforcement programs;
  
• Outstanding performance, leadership, or innovation in Federal law enforcement;
  
• Exceptionally effective work with other law enforcement

Thoe's award was given for his incredible law enforcement contributions.  I have recently been in contact with him and his wife.  I hope to be able to provide additional information in the coming weeks.

There is only one USBP Fallen anniversary this week, Border Patrol Agent John Charles Gigax, November 7, 1999.   

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 newsletter).
• If this newsletter doesn't render well, please follow the "View in Browser" link in the upper right corner.
• As always, make sure to explore all of the hyperlinks to documents and pages.
• Finally, please forward this newsletter to whomever you think may enjoy it.

1918

• On November 8, 1918, future Chief and Father of the Border Patrol Frank Berkshire (1870-1934) submitted his final proposal for the creation of the Border Patrol which was subsequently sent to the Department of Labor for approval.  In this proposal, Berkshire was instructed to submit absolute minimums.  He proposed a force of 264 Border Patrolmen for the southern border which would absorb all Mounted Watchmen.  
  • This proposal was approved by the Acting Secretary on November 12, 1918 (see the second page and the time stamps).  However, implementation wouldn't occur until 1924 after several years of interdepartmental meetings and once funding was received (pg 240).

1924

• On November 11th, 1924, a month prior to the issuance of General Order No. 42, the El Paso Border Patrol Sub-District participated in the City of El Paso’s Annual Armistice Day Parade in their new uniforms and riding on horses borrowed from the Seventh Cavalry at Fort Bliss. The U.S. Border Patrol’s participation in the parade was highlighted in many newspapers across the southern border and a few major cities across the country. The picture shown was posted in many of those publications highlighting the new U.S. Border Patrol.
  • ​​​From - HONOR FIRST:  The Story of the United States Border Patrol - Volume I by Joseph Banco

1931

• On December 1, 1913, Jeff Milton (1861-1947) was promoted/converted to an Immigration Inspector and reassigned to Fairbanks, Arizona. He remained in this position until officially transferred to Tombstone, Arizona, on November 10, 1931, where he retired on June 30, 1932 at the age 71. A few years earlier, when asked if Jeff Milton should continue working for the Immigration and Nationalization Service or be forced to retire, Assistant Commissioner General George J. Harris (1876-1941) stated,
  • He is simply a wonder when it comes to physical endurance, activity, and value to the Service. All of his life he has been an outdoor man, a Texas Ranger, Chief of Police, Customs officer, etc. He is a fearless, active, resourceful man with a host of friends ever ready to give him information or otherwise assist him. He is invaluable to this Service, and barring unforeseen accidents or illnesses, is likely to continue so right up to the maximum age of 70.
  • ​From - HONOR FIRST:  The Story of the United States Border Patrol - Volume I by Joseph Banco

1940

• On November 8, 1940, both the Grand Forks and Spokane Districts sent memorandums to the Central Office (INS HQ) requesting new construction for sub-district (sector) headquarters. The Grand Forks request included diagrams of the proposed facility.  The Spokane District request was signed by the Chief Patrol Inspectors of the Bonners Ferry and Havre Sub-districts. 

1998

• On November 6, 1998, Chief of the Border Patrol Gustavo De La Vina (1939-2009) signed a memo​ providing clarity concerning the U.S. Border Patrol Uniform.  the memo addressed items such as:
  • The leather jacket,
  • Wearing federal and civilian military awards,
  • Service stars, and
  • The proper wear of rank insignia.

A special thanks to the Border Patrol Museum, a non-profit organization (CFC #16083) for the use of many of their images on the site.  Please consider visiting the Border Patrol Museum's Gift Shop.  The Border Patrol Museum receives no federal funds and relies on donations and gift sales to remain open.

Fellow USBP historian and retired Deputy Chief Patrol Agent Joseph Banco has written a series of very well researched books on USBP history.  These include:

• HONOR FIRST:  The Story of the United States Border Patrol -Volume I covering the Mounted Guards, the formation of the U.S. Border Patrol, and its first 25 years,
• HONOR FIRST:  The Story of the United States Border Patrol -Volume II covering 1949-1974; and
• HONOR FIRST:  The Unsung Heroes of Oxford telling the story of the U.S. Border Patrol deployment to the University of Mississippi in 1962 to defend the U.S. Constitution and ensure the enrollment of the first African-American at Ole Miss.  

Joe is currently writing Volume III of the HONOR FIRST series, which will cover U.S. Border Patrol history from 1975-1999. Please visit his website at www.migrajoe.com​ or visit the Border Patrol Museum's Gift Shop for information how to order the books.

More about Joe

Joseph Banco is a naturalized U.S. citizen who emigrated from the former Socialist Federal Republic of Yugoslavia.   With over 38 years of government service, he retired from the U.S. Border Patrol in 2018 as the Deputy Chief Patrol Agent of the New Orleans Sector after almost 24 years, having served on the Southern, Northern, and Coastal borders as well as assignments at Headquarters in Washington, DC, and overseas.  These included border assignments in Texas, California, Arizona, Washington, Florida, New York, Michigan, and Louisiana, working with the Royal Canadian Mounted Police while assigned as liaison at their Headquarters in Ottawa, Canada, negotiating international agreements with Canada, Mexico, and Central American nations and coordinating the posting of Border Patrol Agents around the world while assigned as Chief of Foreign Operations for the U.S. Border Patrol.  Prior to entering the U.S. Border Patrol, Joseph Banco served on active duty in the U.S. Air Force for more than 14 years as a Law Enforcement Specialist/Supervisor and Disaster Preparedness Manager.  His service in the Air Force included assignments across the United States, in the European theater, and in Southwest Asia as part of Operation Desert Storm. He holds a Bachelor’s Degree in Criminal Justice and a Master’s Degree in Homeland Security.  Joseph Banco is a recipient of numerous awards to include the Outstanding American by Choice Award, the Secretary’s Award for Excellence, the DHS Partner Award, and the USBP Commendation Medal.

Ray Harris is a native of Columbia, South Carolina.  He holds a Bachelor of Arts in Political Science from the University of Arizona, an Associate of Arts in Business Administration from Pensacola Junior College, and an Associate of Arts in Criminal Justice from Pima County Community College.  He is a 13-year veteran of the United States Marine Corps having achieved the rank of Gunnery Sergeant (E-7).

He entered on duty with the U.S. Border Patrol (USBP) as a member of Class 139 on September 15, 1980.  During his 17-year career with the USBP, he was assigned to five different stations: 

• Presidio (1980-1982),
• Nogales (1982-1988),
• New Orleans (1988-1992),
• Temecula (1992-1995), and 
• Riverside (1995-1997) where he had been promoted to Supervisory Border Patrol Agent.

In 1997, he transferred to Investigations within the Immigration and Naturalization Service as a Special Agent in San Bernardino, California.  He remained in the position until his retirement from federal service in 2002.

He is a recipient of several Quality Step Increases and numerous performance awards.  In 2020, Ray Harris was awarded the Border Patrol's highest award for performance, the USBP Commendation Medal.  As of this writing, he is the only recipient to have received the recognition for efforts performed completely while retired.

Clifford Gill is a native of Cincinnati, Ohio. He holds a Bachelor of Arts in Criminal Justice from the American Military University.  He is a veteran of the United States Navy.

He entered on duty with the U.S. Border Patrol (USBP) as a member of Class 377 on May 18, 1998. During his career, he worked at the Laredo South Station, Laredo North Station, and at USBP Headquarters in Washington DC.  He also served in significant details to Deming, New Mexico; Yuma, Arizona; and Malta, Montana.

In his final assignment at USBP Headquarters, he served as the Assistant Chief over the Awards and History Programs. He was the founding program manager for each of those programs. As the historian, he made numerous significant discoveries through hours of research at the National Archives. In his previous assignment as the USBP Fleet Program Manager he identified efficiencies in managing the fleet that earned him the Logistician of the Year Award given by the International Society of Logisticians, Washington DC chapter.  In addition to his regular duties he was a member of the USBP Honor Guard and Pipes and Drums (P&D).  He led the formation of the P&D in 2007 and was its founding Commander. 

He is a recipient of the USBP Newton-Azrak Award, the USBP Commendation Medal with a "V" device, the USBP Achievement Medal with "2" device​ in lieu of a second award and the USBP 75th Anniversary Medal.

In retirement, aside from authoring USBP history newsletters, he assists Ray Harris in managing HonorFirst.com and in moderating the applicant's and agent's Delphi forums. To continue advocating for the USBP workforce, he maintains regular communication with active USBP employees of all levels/ranks through daily emails, telephone calls and via social media.