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The DA 2823 form, also known as the Sworn Statement, plays a crucial role in documenting incidents that may involve potential criminal activity within the U.S. Army. This form is designed to ensure that Army officials can effectively maintain discipline and law and order by allowing for the thorough investigation of complaints and incidents. It captures essential details, such as the location, date, and time of the statement, as well as personal information like the individual’s name and Social Security Number (SSN). The information gathered is not only vital for internal Army procedures but may also be shared with various law enforcement agencies, courts, and other relevant authorities. This sharing of information helps in making informed decisions regarding judicial or non-judicial punishment and other administrative actions. It's important to note that while providing your SSN and other details is voluntary, the information can significantly impact matters such as security clearances and personnel actions. The form also emphasizes the importance of understanding the statement being made, ensuring that individuals acknowledge their rights and the voluntary nature of their disclosures. With this framework, the DA 2823 form serves as a foundational tool for maintaining integrity and accountability within the Army.

Sample - Da 2823 Form

 

 

 

 

 

 

SWORN STATEMENT

 

 

 

 

 

 

 

 

For use of this form, see AR 190-45; the proponent agency is PMG.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PRIVACY ACT STATEMENT

 

 

 

 

 

 

AUTHORITY:

Title 10, USC Section 301; Title 5, USC Section 2951; E.O. 9397 Social Security Number (SSN).

 

 

 

PRINCIPAL PURPOSE:

To document potential criminal activity involving the U.S. Army, and to allow Army officials to maintain discipline,

 

 

 

 

 

law and order through investigation of complaints and incidents.

 

 

 

 

 

ROUTINE USES:

Information provided may be further disclosed to federal, state, local, and foreign government law enforcement

 

 

 

 

 

agencies, prosecutors, courts, child protective services, victims, witnesses, the Department of Veterans Affairs, and

 

 

 

 

 

the Office of Personnel Management. Information provided may be used for determinations regarding judicial or

 

 

 

 

 

non-judicial punishment, other administrative disciplinary actions, security clearances, recruitment, retention,

 

 

 

 

 

placement, and other personnel actions.

 

 

 

 

 

 

DISCLOSURE:

Disclosure of your SSN and other information is voluntary.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1.

LOCATION

 

 

2. DATE (YYYYMMDD)

 

3. TIME

 

4. FILE NUMBER

 

 

 

 

 

 

 

 

 

 

 

5.

LAST NAME, FIRST NAME, MIDDLE NAME

 

 

6. SSN

 

 

7. GRADE/STATUS

 

 

 

 

 

 

 

 

 

 

 

8.

ORGANIZATION OR ADDRESS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

9.

I,

 

 

, WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:

 

 

 

 

10. EXHIBIT

11. INITIALS OF PERSON MAKING STATEMENT

Page 1 of 3

ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT OF TAKEN AT DATED

THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER MUST BE INDICATED.

DA FORM 2823, NOV 2006

PREVIOUS EDITIONS ARE OBSOLETE.

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USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED, PLEASE PROCEED TO FINAL PAGE OF THIS FORM.

STATEMENT OF

 

TAKEN AT

 

DATED

9.STATEMENT (Continued)

INITIALS OF PERSON MAKING STATEMENT

Page 2 of 3

DA FORM 2823, NOV 2006

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STATEMENT OF

 

 

TAKEN AT

DATED

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AFFIDAVIT

 

 

 

I,

 

 

, HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT WHICH BEGINS ON

PAGE 1, AND ENDS ON PAGE

3 . I FULLY UNDERSTAND THE CONTENTS OF THE ENTIRE STATEMENT MADE BY ME. THE

STATEMENT IS TRUE. I HAVE INITIALED ALL CORRECTIONS AND HAVE INITIALED THE BOTTOM OF EACH PAGE CONTAINING THE STATEMENT. I HAVE MADE THIS STATEMENT FREELY WITHOUT HOPE OF BENEFIT OR REWARD, WITHOUT THREAT OF PUNISHMENT, AND WITHOUT COERCION, UNLAWFUL INFLUENCE, OR UNLAWFUL INDUCEMENT.

 

 

 

 

 

 

(Signature of Person Making Statement)

 

 

 

WITNESSES:

Subscribed and sworn to before me, a person authorized by law to

 

 

administer oaths, this

 

day of

 

,

 

 

 

 

at

 

 

 

 

 

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ORGANIZATION OR ADDRESS

 

 

 

 

(Signature of Person Administering Oath)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Typed Name of Person Administering Oath)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ORGANIZATION OR ADDRESS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Authority To Administer Oaths)

 

 

 

INITIALS OF PERSON MAKING STATEMENT

DA FORM 2823, NOV 2006

Page 3 of 3

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File Specs

Fact Name Description
Purpose The DA Form 2823 is used to document potential criminal activity involving the U.S. Army.
Governing Law It is governed by Title 10, USC Section 301 and Title 5, USC Section 2951.
Privacy Act Statement Disclosure of your Social Security Number (SSN) and other information is voluntary.
Routine Uses Information may be shared with law enforcement agencies, courts, and other entities for various purposes.
Signature Requirement The statement must be signed by the person making it and witnessed by someone authorized to administer oaths.

Da 2823 - Usage Guidelines

Completing the DA Form 2823 is an important step in documenting a sworn statement related to potential criminal activity involving the U.S. Army. It is essential to fill out the form accurately and completely to ensure that your statement is properly recorded and can be used for its intended purpose.

  1. Locate the Form: Obtain a copy of the DA Form 2823. You can find it online or through your unit's administrative office.
  2. Fill in the Location: In the first field, write the location where the statement is being taken.
  3. Enter the Date: Write the date in the format YYYYMMDD.
  4. Specify the Time: Record the time when the statement is being made.
  5. File Number: If applicable, enter the file number associated with the case.
  6. Provide Your Name: Fill in your last name, first name, and middle name in the designated fields.
  7. Social Security Number: Enter your SSN in the appropriate box. Remember, this is voluntary.
  8. Grade/Status: Indicate your military grade or status.
  9. Organization or Address: Write the name of your organization or your current address.
  10. Statement Under Oath: In the next section, write "I, [Your Name], WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:" followed by your statement.
  11. Exhibit: If you have any supporting documents, label them as an exhibit.
  12. Initials: Sign your initials at the bottom of the page, confirming the statement is yours.
  13. Additional Pages: If you need more space, continue on additional pages, ensuring each page has the heading "STATEMENT OF TAKEN AT" and is dated. Each page must also bear your initials and the page number.
  14. Affidavit Section: At the end of your statement, you will find an affidavit section. Read it carefully, then sign and date it.
  15. Witnesses: If required, have witnesses sign the form and provide their information.

After completing the form, ensure that all information is accurate and that you have signed where necessary. This will help in processing your statement effectively.

Your Questions, Answered

What is the purpose of the DA 2823 form?

The DA 2823 form, also known as the Sworn Statement form, is used to document potential criminal activity involving the U.S. Army. It allows Army officials to investigate complaints and incidents effectively, maintaining discipline and law and order within the organization.

Who can use the DA 2823 form?

This form is primarily intended for use by individuals who need to provide a sworn statement regarding incidents or complaints related to the U.S. Army. It can be filled out by service members, civilians, or anyone involved in an incident that requires documentation for legal or administrative purposes.

What information is required on the DA 2823 form?

The form requires several pieces of information, including the location, date, time, file number, and personal details such as the individual's name, Social Security Number (SSN), grade/status, and organization or address. A clear statement under oath must also be included, along with any necessary exhibits.

Is it mandatory to provide my Social Security Number on the DA 2823 form?

Providing your SSN on the DA 2823 form is voluntary. However, including it may assist in the proper handling of your statement and any subsequent investigations. If you choose not to disclose your SSN, ensure that the rest of the required information is complete and accurate.

What happens to the information provided on the DA 2823 form?

The information collected on the DA 2823 form may be disclosed to various law enforcement agencies, prosecutors, and courts, among others. It can also be used for determining judicial or non-judicial punishment and other personnel actions, such as security clearances and recruitment decisions.

What should I do if I need more space to provide my statement?

If additional space is needed for your statement, you can use extra pages. Each additional page must have the heading "STATEMENT OF TAKEN AT" and include the date. It is important to initial each page you submit and indicate the page number to maintain clarity and organization.

Common mistakes

  1. Missing Information: Failing to fill out all required fields can lead to delays or rejection. Ensure that every section, such as location, date, and time, is complete.

  2. Incorrect Date Format: The form requires the date in the YYYYMMDD format. Using a different format can cause confusion and may render the form invalid.

  3. Omitting the SSN: Not providing a Social Security Number can hinder the processing of your statement. Remember, it is important for identification purposes.

  4. Incorrect Names: Ensure that names are written in the correct order: last name, first name, and middle name. Any errors can lead to complications in verification.

  5. Not Initialing Corrections: If you make any changes, you must initial them. Failing to do so may raise questions about the authenticity of the statement.

  6. Missing Page Numbers: If additional pages are used, they must be numbered. This helps keep the statement organized and easy to follow.

  7. Neglecting Witness Signatures: If required, ensure that witnesses sign the statement. Their signatures can validate the authenticity of your account.

  8. Inaccurate Organization Information: Providing incorrect information about your organization can complicate the investigation process. Double-check for accuracy.

  9. Forgetting to Sign: Your signature is essential. Without it, the statement may not be considered valid.

  10. Not Reading the Statement: It’s crucial to read the entire statement before signing. Ensure you fully understand what you are attesting to.

Documents used along the form

The DA Form 2823, known as the Sworn Statement, serves a vital role in documenting potential criminal activity within the U.S. Army. However, it often accompanies several other important forms and documents. Each of these plays a crucial part in ensuring that investigations are thorough, transparent, and compliant with legal standards. Below is a list of related documents that are frequently used alongside the DA Form 2823.

  • DA Form 4156: This form is used for reporting incidents involving military personnel. It provides a structured way to document the details of an event, ensuring that all necessary information is captured for further investigation.
  • DA Form 268: Known as the Report to Suspend Favorable Personnel Actions, this form is used to initiate a suspension of favorable actions against a service member. It is often employed when allegations arise that may warrant further scrutiny.
  • DA Form 4856: This is a Developmental Counseling Form. It is used by leaders to document counseling sessions with soldiers, which can be critical in understanding the context surrounding incidents reported in a sworn statement.
  • DA Form 1594: This form serves as a Daily Staff Journal or Duty Officer's Log. It helps maintain a record of daily activities, which can be referenced during investigations to provide context or corroborate statements made in the DA Form 2823.
  • DA Form 200: This is the Financial Liability Investigation of Property Loss form. It is used when property loss occurs and can be relevant if the sworn statement involves issues of accountability or loss of military property.
  • DA Form 1059: This form is used for Academic Evaluation Reports. It documents a service member's performance during military schooling and can be significant in evaluating a soldier's character and behavior in relation to reported incidents.
  • DA Form 7500: This is the Military Police Report. It documents incidents that involve law enforcement actions and can provide crucial details that complement the sworn statement.
  • DA Form 7424: This form is the Report of Investigation. It is used to summarize the findings of an investigation and can help clarify the outcomes of the issues raised in the DA Form 2823.

These forms collectively enhance the integrity of the investigative process within the Army. By ensuring that all relevant information is documented and accessible, they help maintain accountability and transparency, which are essential in upholding military discipline and justice.

Similar forms

The DA Form 15-6 is a report of investigation used by the U.S. Army to document the findings of an inquiry into incidents, allegations, or complaints. Similar to the DA 2823, it aims to gather factual information and facilitate decision-making regarding disciplinary actions. The form requires detailed information about the incident, including witness statements, which can be compared to the sworn statements collected in the DA 2823. Both forms are essential for maintaining accountability and order within the Army.

The DD Form 200, also known as the Financial Liability Investigation of Property Loss, serves a different purpose but shares similarities with the DA 2823 in that it documents statements and findings related to property loss or damage. This form collects information from witnesses and involved parties to determine liability. Like the DA 2823, it emphasizes the importance of accurate and truthful statements, which can affect personnel decisions and accountability.

The AF Form 1168, Statement of Suspect/Witness/Complainant, is utilized by the U.S. Air Force and is comparable to the DA 2823 in its function of gathering sworn statements. This form captures information from individuals involved in incidents or investigations, similar to how the DA 2823 collects statements under oath. Both forms aim to ensure that the information is recorded accurately and can be used for further legal or administrative processes.

The SF 91, Motor Vehicle Accident Report, is used to document accidents involving government vehicles. While its focus is on vehicular incidents, it also requires statements from witnesses and involved parties. Like the DA 2823, the SF 91 emphasizes the collection of factual information to aid in investigations and potential disciplinary actions. Both forms serve to uphold accountability within their respective branches of the military.

The VA Form 21-4138, Statement in Support of Claim, allows veterans to provide statements to support their claims for benefits. While its primary purpose is different, it shares the DA 2823’s intent to collect factual information. Both forms require the individual to affirm the truthfulness of their statements, ensuring that the information provided is reliable and can be used in decision-making processes.

The GSA Form 3506, Report of Loss or Damage, is used by the General Services Administration to document loss or damage of property. Similar to the DA 2823, it collects statements from involved parties to establish the facts surrounding the incident. Both forms are critical for ensuring accountability and proper handling of incidents that may result in disciplinary or administrative actions.

The DOJ Form 361, Statement of Facts, is used in legal proceedings to document statements made by witnesses. Like the DA 2823, it seeks to ensure that the information provided is accurate and truthful. Both forms require individuals to affirm their statements under oath, emphasizing the importance of integrity in the documentation process.

The FBI Form FD-302, Official Report of Investigation, is used to document interviews and statements made during FBI investigations. Similar to the DA 2823, it collects sworn statements from individuals involved in investigations. Both forms aim to provide a clear and factual account of events, serving as a basis for further action or legal proceedings.

Dos and Don'ts

When filling out the DA 2823 form, it is essential to follow specific guidelines to ensure clarity and accuracy. Here are nine things to consider, divided into dos and don’ts.

  • Do read the entire form carefully before starting to fill it out.
  • Do provide your full name, including last, first, and middle names.
  • Do include your Social Security Number (SSN) only if required.
  • Do ensure that all dates are formatted correctly (YYYYMMDD).
  • Do initial all corrections you make on the form.
  • Don't leave any required fields blank; complete all sections as needed.
  • Don't provide false or misleading information; honesty is crucial.
  • Don't forget to sign the statement at the end of the form.
  • Don't submit the form without reviewing it for clarity and accuracy.

Following these guidelines will help ensure that your statement is taken seriously and processed correctly. Accuracy and honesty are vital in such official documents.

Misconceptions

Understanding the DA 2823 form is crucial for those involved in military procedures. However, several misconceptions can lead to confusion. Here are nine common misconceptions about the DA 2823 form, along with clarifications:

  1. The DA 2823 form is only for criminal cases. Many believe this form is exclusively for documenting criminal activity. In reality, it is also used to maintain discipline and order within the Army, addressing a range of incidents beyond just criminal matters.
  2. Completing the form is mandatory for all incidents. Some think that every incident requires a DA 2823. However, its use is determined by the nature of the situation and the discretion of the commanding officer or involved personnel.
  3. Providing a Social Security Number (SSN) is mandatory. There is a common belief that disclosing an SSN is compulsory. In fact, the form states that providing your SSN and other personal information is voluntary.
  4. The statement can be altered after signing. Many assume that once the form is signed, changes can be made freely. However, any corrections must be initialed by the person making the statement to ensure accuracy and integrity.
  5. Witnesses are not necessary for the statement to be valid. Some individuals think a statement can stand alone without witnesses. In truth, having witnesses is essential, as it adds credibility and verifies the authenticity of the statement.
  6. The form is only relevant for active-duty personnel. There is a misconception that only active-duty members need to use the DA 2823. However, this form can also apply to reservists and other personnel involved with the Army.
  7. Once submitted, the statement cannot be retracted. Some believe that submitting a DA 2823 is final and cannot be undone. While it is a formal statement, there are processes in place to amend or retract statements if necessary.
  8. Only officers can administer oaths for the statement. There is a notion that only commissioned officers are authorized to administer oaths. In reality, various personnel designated by law can fulfill this role, including certain non-commissioned officers.
  9. The DA 2823 form is outdated and no longer used. Some people think that the form is obsolete. However, it remains an essential tool for documenting statements within the Army, as indicated by its recent version updates.

Being informed about these misconceptions can help ensure that the DA 2823 form is utilized correctly and effectively in various situations.

Key takeaways

Filling out the DA 2823 form is an important step when documenting potential criminal activity involving the U.S. Army. Here are some key takeaways to keep in mind:

  • Purpose of the Form: The DA 2823 is designed to document statements made under oath regarding incidents or complaints related to Army activities.
  • Privacy Considerations: The form requires personal information, including your Social Security Number (SSN), but providing this information is voluntary.
  • Correct Information: Ensure that all details, such as names, dates, and locations, are accurate. Mistakes can lead to complications during investigations.
  • Signature Requirement: The statement must be signed by the individual making it, confirming that the information is true and complete.
  • Initials on Pages: If additional pages are used, remember to initial each page and indicate the page number at the bottom.
  • Witnesses: The statement must be sworn before a person authorized to administer oaths, which adds credibility to the document.
  • Understanding the Statement: It’s crucial to read and understand the entire statement before signing. This ensures that you are fully aware of the contents and implications.
  • Free Will: The form includes a declaration that the statement is made voluntarily, without coercion or promise of benefit, emphasizing the importance of honesty.

By following these guidelines, you can effectively complete the DA 2823 form and contribute to maintaining discipline and order within the Army.