Free Opening Brief in Support - District Court of Delaware - Delaware

Case 1:04-cv-01453-JJF Document 29-3 Filed O1/18/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT »
FOR THE DISTRICT OF DELAWARE
SSGT JASON A. ADKINS, USAF, ) C.A. NO.: O4-1453-JJF
E ) ‘ `
l Plaintiff, ) ‘ ‘
l )
i v. ) DEFENDANTS’
) ` MEMORANDUM OF
l DONALD H. RUMSFELD, Secretary of Defense; )· LAW IN SUPPORT OF
l JAMES G. ROCHE, Secretary of the Air Force; ) DEFENDANTS’ MOTION
l · GEN. JOHN W. HANDY,Commander Air Mobility) TO DISMISS
i Command; COL. JOHN I. PRAY, J R., 436th Aiilift )
g Wing Commander, in their official capacities, )
l J
Q Defendants. )
I
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`
EXHIBIT 2:
AFFIDAVIT OF TERRENCE MILLER
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I Case 1:O4—cv-01453-JJF Document 29-3 Filed O1/13/2006 Page 2 of 3
(
IN THE UNITED STATES DISTRICT COURT
1 FOR THE DISTRICT OF DELAWARE
SSGT. JASON A. ADKINS, USAF, ) C.A. NO.: 04-1453-JJF
)
Plaintiff, )
‘ )
v. )
)
DONALD H. RUMSFELD, Secretary of Defense; ) .
JAMES G. ROCHE, Secretary of the Air Force; )
GEN. JOHN W. HANDY,Commander Air Mobility)
Wing; COL. JOHN I. PRAY, JR., 436th Air Wing )
· Commander, in their official capacities, { )
)
Defendants. )
AFFIDAVIT OF TERRENCE MILLER
I, Terrence Miller, state under penalty of perjury the following:
l. I am a Technical Sergeant in the United States Air Force. I am currently
stationed at Dover Air Force Base where I serve as a Flight Engineer and
V Flight Scheduler in the Third Airlift Squadron, a component of the 43 6th
Airlift Wing. I have served in that capacity since September Ol, 2002.
Prior to that time, I served as Instructor Flight Engineer at McChord Air
I Force Base.
2. At the time of the events described in plaintiff s Amended Complaint,
Jason Adkins served as a Staff Sergeant in the Third Airlift Squadron
under my scheduling supervision. On October 21, 2004, Jason Adkins
was on alert status.
3. On October 2l, 2004, I left a message on Jason Adkins’ home telephone
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Case 1 :04-cv-01453-JJF Document 29-3 Filed O1/18/2006 Page 3 of 3

to notify him of an expected high-priority mission scheduled for the
following morning. SS gt Adkins returned my call shortly thereafter to
inform me that he was on his way to see a flight surgeon. SS gt Adkins
later told me that the flight surgeon had changed his status to "Duties Not
I to Include Flying" and, therefore, SS gt Adkins would be unable to
participate in the mission. .
L 4. I gave this information to Senior Master Sergeant Ronald I. Mahoney later
that same day. SMS gt Mahoney ordered me to instruct SS gt Adkins to
i appear in his office the next morning, October 22, 2004.
E 5. At the time of these events, I had no knowledge what SS gt Adkins said to
E { the flight surgeon who examined him on October 2l, 2004. Specifically, I
l _ did not know whether SS gt Adkins asked the flight surgeon whether any
headaches or other medical condition that he may have described to the
flight surgeon could be related to any anthrax vaccinations that SS gt
Adkins may have received. I also did not know what, if any, response the
flight surgeon may have made to any such inquiries. I neither conveyed
nor was asked to convey any such information to SMSgt Mahoney.
Q
. Dated: January 09, 2006
I Terrence A. Miller, TS gt, USAF
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