Exhibit - Attach to Pleading/Doc - Exhibit F part 1 to Plaintiff's Motion for Partial Reconsideration March 19, 2018 (2024)

 
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 DATE FILED: March 19, 2018 5:31 PM FILING ID: 942FB109917CC CASE NUMBER: 2017CV30697 EXHIBIT F-1 toMOTION FOR RECONSIDERATION Andrew D. Lee vs. Gregory D. WelkVideo Deposition of Andrew David Lee December 18, 2017Andrew D. Lee vs. Video Deposition of Andrew David LeeGregory D. Welk December 18, 2017 Page 3·1· ·DISTRICT COURT, COUNTY OF DENVER ·1· · · · · · · · · · ·P R O C E E D I N G S· · ·STATE OF COLORADO·2 ·2· · · · · · · · · THE VIDEOGRAPHER:· We are on the record at· · ·Court Address: ·3· ·10:19 on December 18th, 2017, at 1720 South Bellaire·3· ·1437 Bannock Street, Room 256 ·4· ·Street, Denver, Colorado.· We're here for the video· · ·Denver, CO 80202· · · · · · · · ·^ COURT USE ONLY ^·4· ·_________________________________________________________ ·5· ·deposition of Andrew D. Lee in the matter of Andrew D.·5· ·ANDREW D. LEE,· · · · · · · · · ·Case No. 17CV30697 ·6· ·Lee vs. Gregory D. Welk in the District Court for Denver·6· · · · Plaintiff,·7· ·vs.· · · · · · · · · · · · · · · Div:· 424 ·7· ·County, Colorado, Case Number 2017CV30697.·8· ·GREGORY D. WELK, ·8· · · · · · · · · The videographer is Davis Baumunk.· The·9· · · · Defendant. ·9· ·court reporter is Jessica Benson with Stevens-Koenig10· ·_________________________________________________________11· · · · · · ·VIDEO DEPOSITION OF ANDREW DAVID LEE 10· ·Reporting.12· · · · · · · · · · · ·December 18, 2017 11· · · · · · · · · Will counsel please state their13· ·_________________________________________________________14· ·APPEARANCES: 12· ·appearances starting with the plaintiff's counsel.15· ·ON BEHALF OF THE PLAINTIFF: 13· · · · · · · · · MR. GLASER:· Michael L. Glaser for Andrew· · · · · · · ·MICHAEL L. GLASER, ESQ. 14· ·D. Lee.16· · · · · · ·Law Offices of Michael L. Glaser, L.L.C.· · · · · · · ·1720 South Bellaire Street, Suite 607 15· · · · · · · · · MR. KENNEDY:· Brian Kennedy on behalf of17· · · · · · ·Denver, Colorado 80222 16· ·Gregory Welk.· And with me is Dean Batchelder also· · · · · · · ·Phone:· 303-757-160018· · · · · · ·Email:· mglaser@glaserlegal.com 17· ·representing Mr. Welk.19· ·ON BEHALF OF THE DEFENDANT: 18· · · · · · · · · THE VIDEOGRAPHER:· Will the reporter· · · · · · · ·BRIAN D. KENNEDY, ESQ. 19· ·please swear in the witness.20· · · · · · ·Patterson & Salg, P.C.· · · · · · · ·5613 DTC Parkway, Suite 400 20· · · · · · · · · · · ·ANDREW DAVID LEE,21· · · · · · ·Greenwood Village, Colorado 80111 21· ·having been first duly sworn, was examined and· · · · · · · ·Phone:· 303-741-453922· · · · · · ·Email:· bkennedy@pattersonsalg.com 22· ·testified as follows:23· ·ALSO PRESENT: 23· · · · · · · · · MR. GLASER:· Before we begin the· · · · · · · ·D. Dean Batchelder, Esq. 24· ·deposition, Mr. Kennedy, I wanted to put on the record24· · · · · · ·Davis Baumunk, Videographer25 25· ·our agreement, that -- to continue Mr. Lee's deposition Page 2 Page 4·1· · · · · · ·PURSUANT TO WRITTEN NOTICE and the appropriate ·1· ·when and if we receive his military records.· We have·2· ·Rules of Civil Procedure, the video deposition of ANDREW ·2· ·made several requests for them, including a written·3· ·DAVID LEE, called for examination by the Defendant, was ·3· ·request; but the Air Force has not yet responded.· You·4· ·taken at the Law Offices of Michael L. Glaser, L.L.C., ·4· ·and I agree that when those records become available, we·5· ·1720 South Bellaire Street, Suite 607, Denver, Colorado, ·5· ·will make Mr. Lee available again for deposition to ask·6· ·commencing at 10:19 a.m. on December 18, 2017, before ·6· ·questions limited to those records.·7· ·Jessica R. Benson, a Notary Public in and for the State ·7· · · · · · · · · MR. KENNEDY:· I would agree with that.·8· ·of Colorado and Certified Shorthand Reporter in and for ·8· ·Questions limited to the records and, I think, things·9· ·the State of Texas. ·9· ·that logically would flow from the records but not to10· · · · · · · · · · · · · ·I N D E X 10· ·reopen the deposition just generally.11· ·EXAMINATION:· · · · · · · · · · · · · · · · · · · PAGE 11· · · · · · · · · MR. GLASER:· Yeah.· Right.· And then the12· ·By Mr. Kennedy· · · · · · · · · · · · · · · · · 5, 273 12· ·other point I want to make is that you do have seven13· ·By Mr. Glaser· · · · · · · · · · · · · · · · · · · 269 13· ·hours to take Mr. Lee's deposition.· If you spend seven14 14· ·hours today, you won't get another two hours.· I think we15· ·EXHIBITS:· · · · · · · · · · · · · · · · · · · · ·PAGE 15· ·understand -- I think both of us -- that you would say --16· ·1· · · · ·Air Force Appeal· · · · · · · · · · · · ·132 16· ·reserve whatever time you need for the records --17· ·2· · · · ·Letter from Colonel Hoffman· · · · · · · 145 17· ·military records to take the examination of Mr. Lee when18· ·3· · · · ·DOD 6130.03· · · · · · · · · · · · · · · 156 18· ·they come available and not use any more time than five19· ·4· · · · ·Google Maps Photographs· · · · · · · · · 207 19· ·hours or whatever you think is necessary --20 20· · · · · · · · · MR. KENNEDY:· I would --21 21· · · · · · · · · MR. GLASER:· -- to complete today.22 22· · · · · · · · · MR. KENNEDY:· I would agree that as a23 23· ·general presumption, seven hours is the presumed limit24 24· ·unless we were to obtain more time from the court.· I can25 25· ·tell you that in practical terms, I do not intend to go Stevens-Koenig Reporting · 303-988-8470· www.SKReporting.com YVer1fAndrew D. Lee vs. Video Deposition of Andrew David LeeGregory D. Welk December 18, 2017 Page 17 Page 19·1· ·honors or just graduate with your class? ·1· · · · · · ·Q.· ·When you applied to Embry-Riddle, I take·2· · · · · · ·A.· ·I can't say technically it was honors. I ·2· ·it you would have had to submit some type of a test·3· ·was above the 3.0 threshold, if you will.· So -- but it ·3· ·score?·4· ·wasn't any label, if you will. ·4· · · · · · ·A.· ·Yes.·5· · · · · · ·Q.· ·After you completed the bachelor of arts ·5· · · · · · ·Q.· ·What type of test did you have to take?·6· ·degree, did you plan to attend any further formal ·6· · · · · · ·A.· ·At that point it would have been a·7· ·education? ·7· ·transfer from bachelor's to bachelor's.· So it would have·8· · · · · · ·A.· ·It was in the back of my mind but I wanted ·8· ·been SAT, my GPA, and -- what would you call it -- excuse·9· ·to join the Air Force and I wanted to fly.· That had been ·9· ·me -- school records from freshman to that time of10· ·a hankering of mine since I was approximately 12 years 10· ·application.11· ·old; and the degree and the GPA of the degree was, you 11· · · · · · ·Q.· ·Okay.· Many times when you apply for a12· ·know, sort of the check boxes within that whole package 12· ·graduate-type program, you have to take a test for13· ·of becoming an Air Force pilot. 13· ·admission to a graduate-type program; and there are many14· · · · · · ·Q.· ·So when you say that it was in the back of 14· ·of those, MCATs, LSATs.· You've probably heard of a15· ·your mind, what type of additional education, aside from 15· ·number of them?16· ·what you might pursue in the Air Force, was in the back 16· · · · · · ·A.· ·Uh-huh.17· ·of your mind when you graduated in New Hampshire? 17· · · · · · ·Q.· ·Have you taken any of the tests for18· · · · · · ·A.· ·So I potentially was just going to go for 18· ·admission to a graduate level program?19· ·a master's.· Although, I wanted to go and get my private 19· · · · · · ·A.· ·No, sir.20· ·pilot's license which I did. 20· · · · · · ·Q.· ·Okay.· So the -- the last test that you21· · · · · · ·Q.· ·A master's in what? 21· ·would have taken from the standpoint of getting into22· · · · · · ·A.· ·I was going to either go back for 22· ·colleges would have been SAT or ACT?23· ·international relations or something along the lines of 23· · · · · · ·A.· ·Yes.· Divorced from the -- the Air Force.24· ·intel.· I thought about piloting; but at a master's 24· · · · · · ·Q.· ·Okay.25· ·level, you don't become a pilot.· So -- 25· · · · · · ·A.· ·But that's not college, like you said. Page 18 Page 20·1· · · · · · ·Q.· ·When you say "at a master's level, you ·1· · · · · · ·Q.· ·And in the Air Force you also took some·2· ·don't become a pilot," what is it -- what do you mean? ·2· ·standardized tests; is that correct?·3· · · · · · ·A.· ·If you went to, let's say, Embry-Riddle ·3· · · · · · ·A.· ·Yes.·4· ·or -- I know MSU here has a program as well.· To become ·4· · · · · · ·Q.· ·Okay.· Did you take the ASVAB in the Air·5· ·an actual pilot and go through pilot bachelor's -- or ·5· ·Force?·6· ·education, if you will, you have -- it's just at the ·6· · · · · · ·A.· ·I initially enlisted.· So, yes, I took the·7· ·bachelor's level.· There's no master's after that that ·7· ·ASVAB.·8· ·would give you the pilot status. ·8· · · · · · ·Q.· ·Okay.· Did you take other standard tests·9· · · · · · ·Q.· ·So I want to make sure I understand this ·9· ·as part of your Air Force enlistment or part of your10· ·correctly.· If you were to pursue a -- a formal education 10· ·application to officer training?11· ·as a pilot through a university, the program -- the 11· · · · · · ·A.· ·I took the AFOQT and the PCSM, which is12· ·programs with which you were familiar at that time would 12· ·P-C-S-M.13· ·have -- you would have come out with another bachelor's 13· · · · · · ·Q.· ·When did you take the AFOQT?14· ·degree rather than with a master's degree; is that 14· · · · · · ·A.· ·I took it after college.· I'm not sure of15· ·correct? 15· ·the dates.· I could find them.16· · · · · · ·A.· ·If I went in the civilian side, yes. 16· · · · · · ·Q.· ·Do you --17· · · · · · ·Q.· ·Okay. 17· · · · · · ·A.· ·But I would say around 2010, maybe '12.18· · · · · · ·A.· ·Yes. 18· · · · · · ·Q.· ·Do you remember where you took it?19· · · · · · ·Q.· ·Did you actually apply for any graduate 19· · · · · · ·A.· ·I took it in, I believe, Washington D.C.20· ·schools or other bachelor-level programs before you 20· · · · · · ·Q.· ·Do you remember what score you achieved on21· ·decided to try to go into the Air Force? 21· ·it?22· · · · · · ·A.· ·I had applied to Embry-Riddle junior year, 22· · · · · · ·A.· ·I don't remember all the scores but I was23· ·got in; but, again, financially, I was already a junior. 23· ·extremely high on the pilot and navigation; and with the24· ·So there was -- I decided to wait and then take my 24· ·PCSM, which is a score that they derive how successful25· ·service of my country and go in that route. 25· ·you'll be in pilot training, I was in the 90s. Stevens-Koenig Reporting ·Pages 17–20 303-988-8470· www.SKReporting.com YVer1fAndrew D. Lee vs. Video Deposition of Andrew David LeeGregory D. Welk December 18, 2017 Page 21 Page 23·1· · · · · · ·Q.· ·Where did you take the PCSM? ·1· ·you can say they're applications, but they're more·2· · · · · · ·A.· ·The PCSM was -- that may have been ·2· ·paperwork.· That was developed when I decided which was·3· ·Maryland actually. ·3· ·2008, 2009.·4· · · · · · ·Q.· ·And do you recall when you took the PCSM? ·4· · · · · · ·Q.· ·And let me put it that way then.· When did·5· · · · · · ·A.· ·It was after the AFOQT.· So I would ·5· ·you decide to enlist in the Air Force?·6· ·imagine 2012 after. ·6· · · · · · ·A.· ·It was January 7th of 2009.·7· · · · · · ·Q.· ·And your recollection is that the score on ·7· · · · · · ·Q.· ·And how did you enlist?· What process did·8· ·the PCSM was in the 90s? ·8· ·you go through to enlist, as you can recall?·9· · · · · · ·A.· ·Yes. ·9· · · · · · ·A.· ·Just the regular process.· I went -- took10· · · · · · ·Q.· ·After you received your bachelor of arts 10· ·the ASVAB.· From that, they told me which positions I11· ·degree in New Hampshire but before you made the decision 11· ·could take.· My score was good enough to where they said12· ·to go into the Air Force, did you apply for any other 12· ·I could have any position within the enlisted realm. I13· ·jobs? 13· ·then went to MEPS which is your medical.· I got checked14· · · · · · ·A.· ·Just regular jobs? 14· ·off on all those things and then, you know, January15· · · · · · ·Q.· ·Yeah. 15· ·9th -- or January 7th my parents came in and I swore in;16· · · · · · ·A.· ·I don't know if I would say it -- well, I 16· ·and within the next, I'd say, six months to a year, I17· ·probably applied to some positions to have some sort of 17· ·then went to basic training.18· ·income while waiting for application, interview; and then 18· · · · · · ·Q.· ·And when you say "January 9th,"19· ·we all know the government works very slowly -- 19· ·January 9th of which year?20· · · · · · ·Q.· ·Do you remember -- 20· · · · · · ·A.· ·2009.21· · · · · · ·A.· ·-- appointment to -- 21· · · · · · ·Q.· ·Okay.· When you --22· · · · · · ·Q.· ·Do you remember where you applied at all? 22· · · · · · ·A.· ·And I believe it's January 7th actually.23· · · · · · ·A.· ·At that time it was 2008ish; and our 23· · · · · · ·Q.· ·When you decided to enlist, did you just24· ·economy was not doing well, especially on the East Coast. 24· ·walk into a recruiting office?· Was there someone who25· ·I would say everything that was available. 25· ·came to meet with you on campus?· How did that come Page 22 Page 24·1· · · · · · ·Q.· ·I mean, are we talking retail, restaurant ·1· ·about?·2· ·work?· What are we talking? ·2· · · · · · ·A.· ·Again, I know -- it had always been in the·3· · · · · · ·A.· ·I wound up in restaurant work and ·3· ·back of my mind that I wanted to do it.· I had to get·4· ·construction at the time because that's geographically ·4· ·done with school first, and I wanted to get everything·5· ·what my -- what is available in my area of -- of home, ·5· ·ready to eventually do the crossover to piloting.· That·6· ·where I'm from.· I also applied to New York, Philadelphia ·6· ·was getting the 3.0.· That was getting the degree,·7· ·in finance.· Geography is not so big out there which ·7· ·getting the minor as well.·8· ·would be GIS positions and things like that; but if I saw ·8· · · · · · · · · So prior to even January, I had gone -- I·9· ·one, I applied to.· So I would say from, you know, like, ·9· ·actually researched the Navy, the Air Force, the Coast10· ·finance -- finance to architectural geography, GIS, and 10· ·Guard, every single branch; but I wanted to fly in the11· ·everything in between. 11· ·branch that I could fly in which was the Air Force.· So12· · · · · · ·Q.· ·When did you make the decision to attempt 12· ·over years I had kind of filtered it out to the Air13· ·to get involved in the Air Force? 13· ·Force.· I'd say prior -- six months prior to a year prior14· · · · · · ·A.· ·It will sound funny; but when I was 14· ·from January 7th, I knew that I was going to do it; and I15· ·approximately 12 years old, I knew that I wanted to fly 15· ·started to talk.· I went to a recruiter in the mall and16· ·and be in the military.· To actually take the oath, that 16· ·began to do the paperwork to see if I was even eligible17· ·was in 2008, 2009 range; but I've always wanted to do 17· ·to be in the military.18· ·that. 18· · · · · · ·Q.· ·You say that you did some research on19· · · · · · ·Q.· ·Even before you took the oath, when did 19· ·being able to fly through the Navy, for example, the Air20· ·you decide to submit application paperwork to the Air 20· ·Force.· How did you go about doing that research?21· ·Force? 21· · · · · · ·A.· ·I called almost every recruiter of every22· · · · · · ·A.· ·Application would have been what I would 22· ·branch.· I talked to prior service individuals I knew23· ·consider flying.· So that would be officer training. 23· ·through family members, prior service individuals who24· ·Those were applications.· The ASVAB -- I actually 24· ·went through flight school and then became a commercial25· ·enlisted after college.· So the ASVAB and things like -- 25· ·pilot after their military career which is what I wanted Stevens-Koenig Reporting ·Pages 21–24 303-988-8470· www.SKReporting.com YVer1fAndrew D. Lee vs. Video Deposition of Andrew David LeeGregory D. Welk December 18, 2017 Page 25 Page 27·1· ·to do.· I did that.· I looked through the internet. I ·1· ·accepted; and the range was -- like I said, you had the·2· ·got books.· I mean, from when I -- prior to when I even ·2· ·lower guys -- you had outliers which was 4 and you had·3· ·graduated, I would be at the library -- public library, ·3· ·outliers of 2.7 and everything in the middle.· I'd·4· ·school library picking up OTS books, getting AFOQT study ·4· ·imagine, yes, the vast majority of them are around, you·5· ·guides, et cetera.· So pretty much from A to Z. ·5· ·know -- I mean, 3.5 is in the middle there; but it wasn't·6· · · · · · ·Q.· ·You testified a time or two here that it ·6· ·a disqualifying factor if you had less or had more.·7· ·was important that you got a 3.0 in college, right? ·7· · · · · · ·Q.· ·Do you know how -- I mean, as part of the·8· · · · · · ·A.· ·Yes. ·8· ·research that you did, do you know what percentage of·9· · · · · · ·Q.· ·And what was your understanding about why ·9· ·people who seek to become officers in the Air Force10· ·that was important? 10· ·attempt to become pilots?11· · · · · · ·A.· ·That was the threshold to become a pilot. 11· · · · · · ·A.· ·I don't know numberswise.· I know that12· ·That was one of the requirements -- 12· ·it's a very, very, very small percentage are actually13· · · · · · ·Q.· ·And where did you -- 13· ·eligible to even be an officer.· It's an even -- of14· · · · · · ·A.· ·-- to be competitive. 14· ·civilians in general because you have medical.· You have15· · · · · · ·Q.· ·Where did you obtain the information that 15· ·all these different things that you have to be, mentally16· ·a 3.0 was a threshold requirement to become a pilot in 16· ·sound, physically able, et cetera, et cetera,17· ·the Air Force? 17· ·educationally competitive, if you will, for lack of18· · · · · · ·A.· ·I believe it's technically -- it can be 18· ·better terms right now.· That fraction of what I've19· ·less; but to be competitive, to even put any GPA on your 19· ·heard -- this is just what I've heard.· I've never20· ·resume, I know for, like, kind of a fact, if you will -- 20· ·actually looked into that but -- is a third of the21· ·I don't know if it's a requirement, but they say that. 21· ·population.· The population is a third of that that can22· ·You should have a 3.0 or more when applying to anything. 22· ·actually be an officer.· A third of that is what actually23· ·But if you look into the Air Force, if you go to base 23· ·can get into pilot training.24· ·ops -- there's a couple of different websites -- it will 24· · · · · · ·Q.· ·Okay.· And that's -- when you say that's25· ·give you something that says if you have a 3.0 or above, 25· ·what you've heard, that's just discussion you've heard Page 26 Page 28·1· ·you're highly -- not qualified -- highly wanted, highly ·1· ·among friends?·2· ·sought after.· Something below, they may look right over ·2· · · · · · ·A.· ·Just discussion which I don't take --·3· ·you. ·3· ·which I don't warrant.·4· · · · · · ·Q.· ·Did you do any research into the average ·4· · · · · · ·Q.· ·Would you agree, though, that the number·5· ·GPA that a successful pilot trainee actually has coming ·5· ·of people in the Air Force who want to become pilots·6· ·out of college? ·6· ·dramatically exceeds the number of pilot slots that are·7· · · · · · ·A.· ·Yes. ·7· ·actually available in the Air Force?·8· · · · · · ·Q.· ·And what was the average that you ·8· · · · · · ·A.· ·Pretty much everyone I've ever talked to·9· ·understood? ·9· ·in my eight-year career wanted to fly; and the bitter10· · · · · · ·A.· ·I don't know exactly but it could have 10· ·individuals would, you know, make fun of the people that11· ·ranged -- and, like I said, the -- the bottom was, I 11· ·wanted to fly which I got a lot because they're like "Oh,12· ·believe, around 2.7 actually; and it ranged up to just 12· ·you're just another statistic."13· ·below a four.· And I'm sure some pilots have a four. 13· · · · · · · · · Although, yes, the amount that want to get14· · · · · · ·Q.· ·When you say you researched what the 14· ·in there and want to be -- vast and even that aren't in15· ·average successful pilot applicant GPA was, how did you 15· ·or are in other services.· But the ones that actually get16· ·go about doing that research? 16· ·into training, it's a very, very small percentage.17· · · · · · ·A.· ·That, again, would probably be one of 17· · · · · · ·Q.· ·And you were enlisted in the Air Force,18· ·those sites -- base ops and there's a couple of other 18· ·correct?19· ·sites as well -- that are actual pilots that are -- had 19· · · · · · ·A.· ·Originally, yes.20· ·been successful, and they share that information with 20· · · · · · ·Q.· ·And you also attended at least a portion21· ·individuals. 21· ·of an officer training school; is that correct.22· · · · · · ·Q.· ·In part of your research, did you see that 22· · · · · · ·A.· ·I had completed everything in officer23· ·over the last ten years the average successful pilot 23· ·training.· We were actually doing the training -- the24· ·applicant actually has a GPA of 3.5 or higher? 24· ·marching training and things like that, perfecting that25· · · · · · ·A.· ·Again, I looked at the range of which was 25· ·for our parents to come down; and that was three days Stevens-Koenig Reporting ·Pages 25–28 303-988-8470· www.SKReporting.com YVer1fAndrew D. Lee vs. Video Deposition of Andrew David LeeGregory D. Welk December 18, 2017 Page 29 Page 31·1· ·when the incident in which I supplied you the appeal ·1· · · · · · ·Q.· ·You've indicated that there are around 65·2· ·paperwork with happened. ·2· ·people in your flight.· True?·3· · · · · · ·Q.· ·And within the time that you were an ·3· · · · · · ·A.· ·Yes.·4· ·enlisted person in the Air Force as well as when you were ·4· · · · · · ·Q.· ·And the Air Force is not going to have any·5· ·part of the OTS program, did you encounter a number of ·5· ·one of those 65 people that they know is not medically·6· ·people who had at least a 3.0 GPA? ·6· ·cleared already, correct, at least to your understanding?·7· · · · · · ·A.· ·Yeah. ·7· · · · · · ·A.· ·They won't -- there's different medical·8· · · · · · ·Q.· ·A number of people who had -- you know, ·8· ·clearances.· So medical clearance to be in just the --·9· ·seemed to be intelligent, focused, bright people? ·9· ·and I supplied you -- I believe we did.· I don't know.10· · · · · · ·A.· ·Yes.· We had everything from bachelor's of 10· ·It's six -- sixty-one -- 6130.03.· That is the medical11· ·arts like myself to -- I believe one individual was 11· ·documentation to be in the armed forces whatsoever.· From12· ·looking in or had interned or worked in NASA.· So from A 12· ·that you have other medical documentation or medical13· ·to Z. 13· ·screening you have to pass.14· · · · · · ·Q.· ·And even with all that, it was your 14· · · · · · · · · One of the most competitive is pilot and15· ·understanding that even among this pool of educated, 15· ·spec ops.· There were no spec ops in my flight that I16· ·bright, focused people, most of those folks could not 16· ·knew of.· You know, they could go that route later.17· ·become pilots; is that correct? 17· ·There were pilots; but, again, that is one of the hardest18· · · · · · ·A.· ·At that point where I was in OTS and that 18· ·medical requirements to meet medical -- sorry for the19· ·number, I know that it's actually increased as well 19· ·lack of verbiage but medical -- what would you call it --20· ·because what happened, the baby boomers are kind of 20· ·screenings to get into and to pass.21· ·fizzling out, if you will.· The need for pilots has 21· · · · · · ·Q.· ·Let me come at this a little bit different22· ·drastically increased, especially when I was there.· They 22· ·way.· The Air Force, to your understanding, is not going23· ·were bringing more people in and actually switching some 23· ·to let anyone into that group of 65 that they understand24· ·people over from their original career paths to become 24· ·from the beginning is not qualified to become an officer.25· ·pilots.· From what I knew, what I can remember, I would 25· ·True? Page 30 Page 32·1· ·say it was approximately half and half in my -- in my ·1· · · · · · ·A.· ·Yes.·2· ·flight. ·2· · · · · · ·Q.· ·Which means that, at least to the·3· · · · · · ·Q.· ·Half of the people in OTS were pursuing ·3· ·information the Air Force has when everybody starts up,·4· ·some type of pilot training further and half were not? ·4· ·they've passed the -- whatever relevant medical·5· ·Is that what you mean? ·5· ·qualification applies to their specialty.· True?·6· · · · · · ·A.· ·In my flight.· So a flight is a ·6· · · · · · ·A.· ·Yes.· You have to attend MEPS before you·7· ·fraction -- I'd say there was about 65 people in my ·7· ·can go to OTS --·8· ·flight.· In the squadron, it would have consisted of ·8· · · · · · ·Q.· ·Right.·9· ·approximately four more flights.· I knew mostly just ·9· · · · · · ·A.· ·-- and be cleared.10· ·about my flight. 10· · · · · · ·Q.· ·And they would have to have the minimum11· · · · · · ·Q.· ·So within your flight of people who were 11· ·college GPA or other entrance score necessary to get into12· ·at least officially eligible for officer training, right? 12· ·OTS, right?13· · · · · · ·A.· ·Uh-huh. 13· · · · · · ·A.· ·Yes.· There are exceptions.14· · · · · · ·Q.· ·Yes? 14· · · · · · ·Q.· ·You can get a waiver sometimes, right?15· · · · · · ·A.· ·They were. 15· · · · · · ·A.· ·Yes, sir.16· · · · · · ·Q.· ·They were at least officially eligible for 16· · · · · · ·Q.· ·But in order just to get into the OTS17· ·officer training; is that correct, everyone in the OTS 17· ·program and begin the training, you would have to have18· ·flight that you were part of? 18· ·persuaded the Air Force that you meet the minimum19· · · · · · ·A.· ·The way I went about it and the way anyone 19· ·requirements to become an officer or that you can obtain20· ·who was given an officer's slot in the fact of Air 20· ·a waiver of those requirements, right?21· ·Force -- or I'm sorry.· Pardon me -- in the fact of 21· · · · · · ·A.· ·Yes.· The way it happens is you meet an22· ·flying, they were already medically cleared, et cetera, 22· ·officer accessions recruiter.· The officer accessions23· ·et cetera, because what would happen is after the eight 23· ·recruiter creates a package.· The package includes, you24· ·and a half, nine weeks of OTS, you're going straight into 24· ·know, "I took the trash out for my neighbor next door" to25· ·IFS which is initial flight screening. 25· ·"I got my degree.· Well, what did you get your degree in? Stevens-Koenig Reporting ·Pages 29–32 303-988-8470· www.SKReporting.com YVer1fAndrew D. Lee vs. Video Deposition of Andrew David LeeGregory D. Welk December 18, 2017 Page 33 Page 35·1· ·If you got a minor as well, what was the GPA?· Have you ·1· ·program, you would not become a pilot in the Air Force,·2· ·ever done anything criminally?"· You know, so criminal ·2· ·would you?·3· ·background check as well as height, weight, vision.· Then ·3· · · · · · ·A.· ·Yes.· That is true.·4· ·we get into MEPS passing. ·4· · · · · · ·Q.· ·Okay.· And in the Air Force, if you look·5· · · · · · · · · Like I said, the piloting is -- is a ·5· ·at all of the officers in the Air Force, the great·6· ·little bit divorced because it's even more things you ·6· ·majority of them are not pilots, right?·7· ·have to pass; but depending on what you want with that ·7· · · · · · ·A.· ·That's true.·8· ·officer accessions recruiter, they develop a package. ·8· · · · · · ·Q.· ·Okay.· There are a lot of other·9· ·That package is then sent into -- I don't know if it's ·9· ·opportunities in the Air Force for officers that don't10· ·the headquarters of the Air -- there's -- I think there's 10· ·involve flying a plane?11· ·a couple of headquarters within the state, I believe. 11· · · · · · ·A.· ·Yes.12· ·Those individuals look at the things.· If they have 12· · · · · · ·Q.· ·When you enlisted in the Air Force, did13· ·waivers, they grant the waivers; and those are the 13· ·you enlist active duty, reserves, Air National Guard?14· ·individuals that say, "This person can go.· This person 14· · · · · · ·A.· ·Air National Guard.15· ·can go.· This person can go.· These applications, no." 15· · · · · · ·Q.· ·And that was in New Hampshire?16· · · · · · ·Q.· ·A little bit like applying for college in 16· · · · · · ·A.· ·New Jersey.17· ·some respects, right?· You submit a whole packet with 17· · · · · · ·Q.· ·New Jersey.· How long were you in the Air18· ·essays and information about yourself; and ultimately 18· ·National Guard as an enlisted person in New Jersey?19· ·someone decides whether you meet the qualifications, 19· · · · · · ·A.· ·I don't know the dates exactly.· I could20· ·whether they want you in the program? 20· ·find them.· I wound up starting to make the motions to21· · · · · · ·A.· ·Very -- very similar.· Just I'd say a 21· ·transfer to -- my first position was in New Jersey.· Then22· ·little different because it's -- you don't have to be 22· ·I wanted to get into intel to make my -- excuse me --23· ·medically necessarily qualified for college. 23· ·package more presentable to become a pilot.· At that24· · · · · · ·Q.· ·And of all the very -- do you have -- do 24· ·point I moved to Massachusetts; and then as I was making25· ·you know of the number of people who apply to OTS, what 25· ·the motions to get into the Massachusetts as intel, I was Page 34 Page 36·1· ·the acceptance rate is?· How many people actually get in? ·1· ·picked up to go for a commission for a pilot.·2· ·What percentage? ·2· · · · · · ·Q.· ·Okay.· So you were in the National Guard·3· · · · · · ·A.· ·I didn't look at that, to be honest. ·3· ·in New Jersey?·4· · · · · · ·Q.· ·And in your flight, most of the people or ·4· · · · · · ·A.· ·Yes.·5· ·at least half of the people who are in that flight were ·5· · · · · · ·Q.· ·You made a decision to move to·6· ·not necessarily going to go on to pilot training; is that ·6· ·Massachusetts, right?·7· ·right, even if they successfully completed OTS? ·7· · · · · · ·A.· ·Yes.·8· · · · · · ·A.· ·That's correct. ·8· · · · · · ·Q.· ·Were you going to be part of the Air·9· · · · · · ·Q.· ·And if a person was -- well, in order to ·9· ·National Guard in Massachusetts?10· ·be able to pursue initial flight training after OTS, 10· · · · · · ·A.· ·Air National Guard, yes.11· ·you'd, first of all, have to get one of the limited 11· · · · · · ·Q.· ·Okay.· Were you ever actually accepted12· ·number of slots for -- for a pilot in OTS; is that true? 12· ·into the Air National Guard in Massachusetts?13· · · · · · ·A.· ·Yes. 13· · · · · · ·A.· ·Yes.14· · · · · · ·Q.· ·And then you would have to successfully 14· · · · · · ·Q.· ·How long were you in the Air National15· ·complete OTS before you could advance to flight training, 15· ·Guard in Massachusetts?16· ·right? 16· · · · · · ·A.· ·I would say approximately six to eight17· · · · · · ·A.· ·Yes. 17· ·months.· I had been accepted there and was about to get18· · · · · · ·Q.· ·If you were not able to successfully 18· ·school dates for intel -- intelligence -- operations19· ·complete OTS, you would not be able to become a pilot in 19· ·intelligence.· Although, while I was heading up to20· ·the Air Force, right? 20· ·Massachusetts, my application was accepted around21· · · · · · ·A.· ·Yes.· You have to become an officer prior 21· ·Christmastime to become a pilot; and I had to talk to the22· ·to being a pilot.· Yes. 22· ·chief and to the administration there to say, "Hey, I got23· · · · · · ·Q.· ·And even if you were successful in 23· ·my dream job.· Is there -- can we start to make the24· ·completing officer training school, if you washed out of 24· ·motions of now getting out and going into, you know, OTS25· ·or were otherwise unsuccessful in the flight training 25· ·and doing that?" Stevens-Koenig Reporting ·Pages 33–36 303-988-8470· www.SKReporting.com YVer1fAndrew D. Lee vs. Video Deposition of Andrew David LeeGregory D. Welk December 18, 2017 Page 37 Page 39·1· · · · · · ·Q.· ·So you had applied for OTS prior to your ·1· ·an exam by an FAA-certified instructor which that's the·2· ·move to Massachusetts? ·2· ·last -- that's when they finally sign the documents, and·3· · · · · · ·A.· ·I had been applying after I got my private ·3· ·you become a private pilot.·4· ·pilot's license in 2012 because that's another feather in ·4· · · · · · ·Q.· ·What -- well, did you go through a flight·5· ·my cap I wanted to put within the package.· I had ·5· ·training school or flight training service to get your·6· ·about -- approximately 80 to 90 hour -- I think I do now. ·6· ·license?·7· ·And that was a big help because that helps with the PCSM ·7· · · · · · ·A.· ·Yes.·8· ·score.· It helps with everything else, and it shows that ·8· · · · · · ·Q.· ·What school did you go through?·9· ·I can fly a plane. ·9· · · · · · ·A.· ·It's Ace Pilot Training Allentown,10· · · · · · ·Q.· ·What -- I take it to get a civilian 10· ·Pennsylvania.11· ·pilot -- it's a civilian pilot's license, right? 11· · · · · · ·Q.· ·And was there a particular instructor that12· · · · · · ·A.· ·Yes, sir. 12· ·you worked with or a set of instructors you can recall13· · · · · · ·Q.· ·And I take it to get a civilian pilot's 13· ·working with?14· ·license, you would have had to complete some formal 14· · · · · · ·A.· ·Yes.· I worked with Keith Anderson.· He15· ·education in -- in flying an aircraft? 15· ·was the individual that instructed me.· I believe I had16· · · · · · ·A.· ·It's -- there's different ways to obtain 16· ·an instructor before that.· I don't remember him.· It was17· ·it.· The way I obtained it was a part -- a 141 -- 17· ·two or three hours just when I started to -- almost start18· ·Part 141 which is the more -- there's a Part 141 and, I 18· ·to land, and then they switched me over to Keith.· So we19· ·believe, a 61.· The 61 is not as stringent and is kind 19· ·had to kind of like mesh again, if you will.· I had him20· ·of -- they're a little bit more liberal with how you do 20· ·predominantly; and then, like I said, there was an21· ·your hours, and it's less structured.· That's the term 21· ·instructor -- an FAA instructor.· You only spend an hour22· ·I'm looking for.· The 141 is very structured.· It bodes 22· ·with him -- hour to two, and they go out and check you on23· ·well, if you complete a 141, when applying.· So that's 23· ·everything and give you a flight check in order to become24· ·what I did. 24· ·a private pilot.25· · · · · · ·Q.· ·And a 141 would require that you have 25· · · · · · ·Q.· ·The FAA instructor, to your understanding, Page 38 Page 40·1· ·classroom instruction, correct? ·1· ·that was a person charged with evaluating you rather than·2· · · · · · ·A.· ·Yes.· Class -- ·2· ·teaching you?·3· · · · · · ·Q.· ·It would require -- ·3· · · · · · ·A.· ·Yes.·4· · · · · · ·A.· ·I'm sorry.· Go ahead. ·4· · · · · · ·Q.· ·Okay.· And do you remember who that person·5· · · · · · ·Q.· ·It would require that you have the ·5· ·was?·6· ·instruction in an aircraft with an instructor, right? ·6· · · · · · ·A.· ·I don't remember his name.· I'm sure it's·7· · · · · · ·A.· ·Uh-huh. ·7· ·on some documentation somewhere.·8· · · · · · ·Q.· ·Yes? ·8· · · · · · ·Q.· ·Aside from wanting the private pilot's·9· · · · · · ·A.· ·Yes. ·9· ·license, as you say, to be a feather in your cap for the10· · · · · · ·Q.· ·It would require that you also demonstrate 10· ·application process in the Air Force, have you used your11· ·the ability to take off, land, and fly without an 11· ·private pilot's license in any professional or commercial12· ·instructor, correct? 12· ·capacity?13· · · · · · ·A.· ·Yes. 13· · · · · · ·A.· ·I cannot use a private pilot's license14· · · · · · ·Q.· ·And you would have to -- do you know how 14· ·until I would obtain a commercial -- what would you call15· ·many hours you would have to accrue in a particular type 15· ·it -- certification for any sort of money or anything16· ·of aircraft that you're trying to get licensure for under 16· ·like that.· The only things I could do is charity; and,17· ·141? 17· ·no, I have not.18· · · · · · ·A.· ·So in the 141 I have a single-engine 18· · · · · · ·Q.· ·Have you taken any steps toward getting a19· ·aircraft with a land qualification.· I think the least 19· ·commercial certification?20· ·amount of hours you can obtain that is in 35 which is 20· · · · · · ·A.· ·I had stopped -- not necessarily my pilot21· ·highly unheard of.· The national average, I believe, is 21· ·training but I got the private pilot's license, had the22· ·between 50 to 60.· You have to -- like you said, 22· ·package to get in, got accepted and with all those23· ·classroom, ground instruction as well as flight.· You 23· ·different things of getting my life in order to go to two24· ·have to be able to take off and actually complete a 24· ·and a half years of training, I had ceased flying at that25· ·flight, and then you are given a written exam as well as 25· ·point. Stevens-Koenig Reporting ·Pages 37–40 303-988-8470· www.SKReporting.com YVer1fAndrew D. Lee vs. Video Deposition of Andrew David LeeGregory D. Welk December 18, 2017 Page 41 Page 43·1· · · · · · ·Q.· ·When you were in the Air National Guard ·1· ·slated to go to school.· Like I said to you, they had --·2· ·out in New Jersey, what was your MOS or specialty? ·2· ·were just about to get me dates down in San Angelo; but·3· · · · · · ·A.· ·I was a tactical aircraft maintenance ·3· ·once the pilot thing came to be and they all found out·4· ·specialist. ·4· ·about it and my -- he's actually chief master sergeant,·5· · · · · · ·Q.· ·And I would presume that you attended a ·5· ·my flight chief there was like "Okay.· Andrew, you know,·6· ·number of schools or trainings while you were in New ·6· ·we're going to get you going this route.· Do your dream."·7· ·Jersey with the Air National Guard? ·7· ·So --·8· · · · · · ·A.· ·They actually send you on active duty, and ·8· · · · · · ·Q.· ·And from the time -- well, first of all,·9· ·I went through all of my school -- my cold training, ·9· ·when did you relocate to Massachusetts?10· ·which they call it, was in San Antonio; and my hot 10· · · · · · ·A.· ·I actually didn't relocate because after11· ·training was in Arizona at Luke Air Force Base.· And then 11· ·the -- after the month or so that I found that out, I12· ·I had follow-on training when I came back. 12· ·wound up driving every -- so it's one weekend a month,13· · · · · · ·Q.· ·Did you deploy at all while you were part 13· ·two weeks a year.· So every month that I had to go up, I14· ·of the National Guard -- Air National Guard in New 14· ·would stay at my sister's in Rhode Island and go there15· ·Jersey? 15· ·and then do the eight 

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