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The DA Form 2823, known as a sworn statement, serves a crucial role within the context of the U.S. Army's procedures to manage discipline, law, and order. This form is essentially utilized for documenting potential criminal activities linking to the Army and facilitates the smooth operation of investigations into complaints and incidents. Governed by AR 190-45 and supported by various authorities, including Title 10, USC Section 301, and Title 5, USC Section 2951, alongside Executive Order 9397 for the voluntary disclosure of one’s Social Security Number (SSN), this document is foundational in the administrative process. It ensures that information gathered can be disclosed to a wide array of entities, such as federal, state, local, and foreign government law enforcement agencies, for further actions which might include judicial or non-judicial punishment, security clearances, and personnel actions among others. The form demands detailed inputs like location, date, time, personal information of the issuer, and a comprehensive account of the statement under oath, ensuring a structured and formal process of recording statements. Moreover, it emphasizes the voluntary nature of information disclosure and underscores the solemnity of the declaration through an affidavit, where the declarant confirms the truthfulness of their statement under conditions free from coercion. The procedural aspects, including the necessity for each page to be initialed by the person making the statement and the obligatory witness by a person authorized to administer oaths, underscore the form’s significance in maintaining the integrity of the Army's disciplinary processes.

Form Preview Example

 

 

 

 

 

 

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.

APD AEM v1.04ES

 

 

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

APD AEM v1.04ES

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

APD AEM v1.04ES

File Characteristics

Fact Name Description
Form Title SWORN STATEMENT
Regulation Reference For use of this form, see AR 190-45; the proponent agency is PMG.
Privacy 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 may be disclosed to various agencies for judicial or non-judicial punishment, administrative disciplinary actions, security clearances, and other personnel actions.
Voluntary Disclosure Disclosure of SSN and other information is voluntary.
Form Version and Approval DA FORM 2823, NOV 2006. Previous editions are obsolete. APD AEM v1.04ES

Steps to Writing Da 2823

Filling out the DA Form 2823 might seem daunting, but it's an important step to ensure your statement is officially recorded. This form is used to provide a written record of events or activities that might be relevant in a legal or disciplinary context. Below are the steps to complete this form correctly and efficiently. By following these instructions, you can ensure that your statement is clear, thorough, and properly documented.

  1. Start by entering the location where the statement is being made in the field marked "1. LOCATION".
  2. For "2. DATE (YYYYMMDD)", fill in the current date in the year-month-day format.
  3. Enter the time of the statement in the "3. TIME" field, adhering to the 24-hour clock format for clarity.
  4. Write the file number associated with the case or incident in the "4. FILE NUMBER" section, if known.
  5. In the "5. LAST NAME, FIRST NAME, MIDDLE NAME" field, provide your full name as requested.
  6. Fill out your Social Security Number (SSN) in the "6. SSN" field, remembering that disclosure is voluntary.
  7. Describe your grade/status in the military or your civilian status in the "7. GRADE/STATUS" box.
  8. For "8. ORGANIZATION OR ADDRESS", enter the name of your military unit or civilian address.
  9. In the designated area starting with "9. I, , WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:", begin writing your statement. Be concise and factual.
  10. If your statement extends beyond the first page, ensure you label each additional page with "STATEMENT OF TAKEN AT DATED" at the top, and include your initials and the page number at the bottom.
  11. Sign the affidavit section on the final page to confirm that you have read (or have had read to you) the statement and understand its content. Your initials should be next to any corrections made in the document.
  12. Have the document witnessed and signed by a person authorized by law to administer oaths, typically a military officer or official. They must fill in their details in the "WITNESSES" section, including their signature, printed name, organization or address, and their authority to administer oaths.

By accurately completing the DA Form 2823, you help ensure that the details of the incident or event are properly recorded. This document can then serve as a reliable piece of evidence or account, helping officials to make informed decisions. Remember to keep a copy for your records once the form is fully processed.

Important Details about Da 2823

What is the DA Form 2823?

The DA Form 2823 is a document used by the U.S. Army to record sworn statements related to potential criminal activities or incidents requiring investigation. This form serves as a means to document detailed accounts of events, which can be used in administrative or judicial proceedings to maintain discipline, law, and order within the Army.

Who is required to fill out the DA Form 2823?

Individuals who are witnesses to or have knowledge of an incident involving the U.S. Army that is under investigation may be required to fill out the DA Form 2823. This includes military personnel, civilians, and any other individuals deemed necessary by Army officials conducting the investigation.

What information is required on the DA Form 2823?

The DA Form 2823 requires several pieces of information, including the location and time of the incident being reported, the name and identification details of the individual making the statement, and a detailed account of the event. The individual's statement must be recorded under oath, and both the individual making the statement and a person authorized to administer oaths must sign the document.

Is providing a Social Security Number (SSN) on the DA Form 2823 mandatory?

Disclosure of your SSN on the DA Form 2823 is voluntary. However, the form does specify that providing your SSN and other information can facilitate the investigation process, allowing Army officials to accurately document and address the reported incidents.

What happens if additional pages are needed to complete a statement?

If the statement exceeds the space provided on the first page of the DA Form 2823, additional pages may be used. Each additional page must include the heading "STATEMENT OF TAKEN AT DATED" at the top and the bottom of each page must bear the initials of the person making the statement along with the page number, ensuring that the entire statement is properly documented and attached.

How is the DA Form 2823 processed after completion?

Once completed and signed, the DA Form 2823 is submitted to the relevant Army officials or investigation authorities. The information provided may be disclosed to and used by various agencies for determining judicial or non-judicial punishments, other administrative actions, or further investigations. The form thus becomes an official record that may be used in various personnel and administrative decisions.

Can the DA Form 2823 be used outside the U.S. Army?

While the DA Form 2823 is specifically designed for use within the U.S. Army to document potential criminal activity and maintain discipline, information from the form may be disclosed to federal, state, local, and foreign government law enforcement agencies, courts, and other entities as needed. This wide range of routine uses underscores the form's importance in broader legal and administrative processes beyond the Army itself.

Common mistakes

One common mistake individuals make when filling out the DA 2823 form is neglecting to provide detailed information in section 9, where the individual making the statement is supposed to write their account of events. It is crucial that this section contains a comprehensive narrative. Including all relevant details ensures the statement is clear and can be effectively used for investigative purposes.

Another frequent error is not accurately entering the date and time in the designated areas of the form. This information is vital for establishing a timeline of events. Incorrect or vague entries in these fields can lead to confusion and potentially undermine the credibility of the statement.

Some individuals forget to initial each page or any corrections made to their statement, as required by the instructions provided on the form. This oversight can cast doubt on the authenticity of the document and whether all parts of it were reviewed by the person making the statement.

A notable mistake is the omission of the sworn statement's affirmation section on the last page. The person making the statement needs to acknowledge having read or been read the full statement, understanding its contents, and affirming its truthfulness without any form of coercion. Failure to complete this section can render the document legally insufficient.

Incorrectly filling out or overlooking the "Location," "File Number," and "Organization or Address" fields are common errors that can lead to administrative complications. This information is essential for cataloging and reference purposes, aiding in the proper handling and processing of the statement within the military justice system.

Individuals often neglect to properly identify witnesses, which is a critical aspect of affirming the statement's validity. Witnesses must sign and provide their organization or address on the form. Incomplete or missing witness information may lead to challenges in verifying the statement.

Another oversight is not using additional pages correctly when the space provided on the first page is insufficient for the complete statement. The instructions specify that additional pages must contain the heading "Statement of taken at dated" and require the individual's initials at the bottom of each page. Failing to adhere to this format can affect the document's integrity.

Lastly, individuals sometimes provide their social security numbers (SSN) and other sensitive information without considering the privacy implications. While the disclosure of the SSN is voluntary and used for identification purposes, parties should be conscious of privacy risks and ensure secure handling of the form.

Documents used along the form

When working within or dealing with the U.S. Army, there are numerous forms and documents that may be used in conjunction with the DA Form 2823, the Sworn Statement. This form is crucial for documenting potential criminal activity and maintaining discipline and order. However, given the complexity of military operations and legal matters, it often requires supplementary documentation for thorough records and proceedings. Below is a list of other forms and documents frequently used alongside the DA Form 2823, each serving a unique and essential function.

  • DA Form 31: Request and Authority for Leave – This form is used when a soldier needs to request time off from duty. It helps to document the whereabouts of personnel in case statements or testimony are required for legal matters.
  • DA Form 4856: Developmental Counseling Form – Counselors or supervisors use this form to document counseling sessions with a soldier. It may relate to the context or content of a sworn statement.
  • DA Form 638: Recommendation for Award – This form is used to recommend a soldier for awards. It's often referenced or attached to provide recognition or character context in investigations or legal proceedings.
  • DD Form 214: Certificate of Release or Discharge from Active Duty – This document provides a comprehensive overview of a service member's military career, including disciplinary history which might be relevant to a sworn statement.
  • DA Form 2828: Consent for Release of Personal Information – When a sworn statement involves sharing personal information with external agencies, this form is necessary for consent.
  • DD Form 93: Record of Emergency Data – This form records contact information for the next of kin and may be used in conjunction with DA Form 2823 for contacting family members in cases involving legal or disciplinary actions.
  • DA Form 705: Army Physical Fitness Test Scorecard – This form might indirectly support a sworn statement by providing background on a soldier's physical fitness, which could be relevant in some investigatory contexts.
  • DA Form 5500: Body Fat Content Worksheet (Male) and DA Form 5501 (Female) – These forms, used to document body fat content, could relate to investigations requiring physical condition information.
  • DA Form 2166-8: NCO Evaluation Report – This evaluation report provides detailed information on a non-commissioned officer's performance and can be used to cross-reference statements or character assessments in investigations.

Each of these forms and documents plays a specific role in maintaining the Army's integrity and operational efficiency. Whether it's managing personal affairs, recognizing achievements, or documenting fitness and evaluations, these documents work in tandem with the DA Form 2823 to ensure a comprehensive approach to addressing and documenting relevant issues and activities within the Army. Understanding how these forms interact is key to effectively managing and navigating Army procedures and legal matters.

Similar forms

The DA Form 2823, which is used for documenting sworn statements in the context of U.S. Army investigations, is quite similar to the SF 86, Questionnaire for National Security Positions. Both forms are integral to ensuring the integrity and security within the Army and other federal agencies. The SF 86 collects detailed personal information, history, and background from individuals applying for security clearances. Like the DA 2823, this process aims to identify potential risks and maintain safety and discipline through comprehensive screening and data collection.

Another document resembling the DA Form 2823 is the Incident Report Forms used by police departments. These forms are completed by officers to record the details of an incident, crime, or complaint, much like how the DA 2823 documents potential criminal activities involving the Army. Both sets of documents serve the purpose of initiating investigations, gathering evidence, and potentially leading to judicial or administrative actions based on the findings.

The Miranda Rights Form shares similarities with the DA 2823, especially in its function of safeguarding individuals' rights during legal proceedings. When someone is arrested, they are read their Miranda rights, a practice ensuring that the individual understands their rights to silence and legal representation. The DA 2823 also protects individuals by ensuring that statements are made voluntarily, without coercion, and with an understanding of the statement's content and implications.

The FD-258, FBI Applicant Fingerprint Card, is another document related to the DA Form 2823. While the FD-258 is used for capturing fingerprints for background checks, it similarly supports the vetting process for security purposes within the Army and other federal agencies. Both documents are tools in the broader framework of maintaining national security and integrity within federal services.

The DEA Form 106, used to report theft or loss of controlled substances, parallels the DA Form 2823 by aiming to document and investigate specific incidents. Both forms kickstart a formal review process, seeking to mitigate potential harm and apply corrective actions to prevent future occurrences. The documentation helps uphold discipline and order within respective environments, be they healthcare facilities or the Army.

IRS Form 3949-A, Information Referral, used to report alleged tax law violations, serves a similar investigative purpose as the DA Form 2823. Both forms collect and document information from individuals to initiate official inquiries into misconduct or illegal activities. The essential goal here is to maintain legal and ethical standards, whether in financial matters or behavior within the Army.

The OPM Standard Form 78, Certificate of Medical Examination, is used to determine the fitness of candidates for federal employment, resembling the DA Form 2823’s role in documenting information critical to personnel decisions. Both forms aim to ensure that individuals meet the required standards for their respective roles, contributing to the overall safety, security, and efficiency of federal operations.

Civilian police's Victim Statement Forms, used by victims to narrate their experience of a crime, share the DA Form 2823's goal of capturing personal accounts to aid in investigations. Both documents are vital for gathering evidence and testimonies that can lead to the resolution of a case, highlighting the importance of detailed, firsthand accounts in the justice process.

The Lease Agreement Forms, though primarily used in property rentals, share with the DA Form 2823 the principle of documented agreements. Both serve as formal records of statements or agreements, whether they pertain to property terms or sworn statements related to Army incidents. The key function is to have a written record that can be referenced for clarification, enforcement, or legal purposes.

Lastly, Human Resources' Employee Incident Report Forms, used to document workplace incidents involving staff, are similar to the DA Form 2823 in their objective of recording specific events and behaviors. Both forms play crucial roles in maintaining discipline and order by ensuring that incidents are formally documented, reviewed, and addressed accordingly, aiming to foster a safe and responsible environment.

Dos and Don'ts

The DA Form 2823, or Sworn Statement, serves as a critical tool in documenting potential criminal activities involving the U.S. Army and helps maintain discipline, law, and order. Filling out this form accurately and thoroughly is essential. Here are some dos and don'ts to consider when completing the DA Form 2823:

Things You Should Do:

  1. Read carefully the privacy act statement to understand the authority, principal purpose, routine uses, and disclosure requirements.
  2. Ensure accuracy in filling out all sections, including location, date, time, and personal information, to avoid any discrepancies.
  3. Provide a detailed account of the incident or statement under oath in the designated section, ensuring clarity and completeness.
  4. Initial all corrections and ensure that the initials of the person making the statement are at the bottom of each page, along with the page number.
  5. Review the entire statement before signing to confirm that the information is true and that the statement was made freely, without coercion.

Things You Shouldn't Do:

  • Avoid leaving blank spaces. If a section does not apply, indicate with "N/A" (Not Applicable) to show that it was not overlooked.
  • Don't rush through the form. Take your time to ensure that all information provided is accurate and that you understand the implications of your statement.
  • Resist the temptation to exaggerate or fabricate details in your account. Stick to the facts as you understand them.
  • Never sign the form without reading and understanding the affidavit at the end, affirming that the statement is true and made without undue influence.
  • Avoid losing the form. Keep a copy of the completed form for your records, as it is an official document that may be needed for further reference.

Misconceptions

  • One common misconception is that the DA Form 2823 is only used by the Army. While it is specifically tailored for documenting potential criminal activity involving the U.S. Army, its structured format for sworn statements can be adapted for various branches of the military. The form provides a consistent method to record statements, ensuring that they are taken under oath and properly witnessed, which is a procedure not unique to the Army.

  • Many believe that filling out the DA Form 2823 is mandatory for all incidents. This is not always the case. The primary purpose of the form is to document potential criminal activity and maintain discipline within the Army. There are situations where other forms or methods of documentation could be more appropriate, depending on the nature of the incident or the specific requirements of the involved parties.

  • Another misconception is that personal information, such as social security numbers (SSNs), must be disclosed when completing the form. The privacy act statement on the form specifies that disclosure of SSN and other personal information is voluntary. While providing this information might aid in the investigation or procedural process, individuals have the right to withhold it if they have privacy concerns.

  • Some assume the DA Form 2823 can only be used within the United States. However, the form can be used wherever U.S. Army personnel are stationed, including international bases and operations. This global applicability ensures the Army can document and investigate incidents thoroughly, regardless of location.

  • There's a misconception that completing the DA Form 2823 automatically leads to legal proceedings. While the statement might be used as evidence in judicial or non-judicial actions, not all statements taken on the form will result in disciplinary measures. The form is also used for administrative purposes and can aid in making determinations that do not necessarily involve legal action.

  • Lastly, many believe the process of making a statement on the DA Form 2823 is overly complicated and requires legal representation. The form is designed to be straightforward, allowing individuals to make their statements clearly and concisely under oath. Though individuals may choose to consult with legal counsel, the form and its process are structured to be accessible without requiring legal assistance for completion.

Key takeaways

Understanding the DA Form 2823, the Sworn Statement, is crucial for documenting potential criminal activity within the U.S. Army and facilitating the maintenance of discipline, law, and order. Here are key takeaways for accurately completing and using this form:

  • Voluntary Disclosure: While providing your Social Security Number (SSN) and other information on the DA Form 2823 is voluntary, doing so helps to accurately record your statement for use in investigations, disciplinary actions, or other personnel matters.
  • Comprehensive Usage: Information collected on the DA Form 2823 can be shared with a wide range of entities, including law enforcement agencies, courts, child protective services, and the Department of Veterans Affairs. This broad sharing helps in various official capacities, including judicial proceedings and personnel actions.
  • Detailed Completion: When filling out the form, include detailed information such as location, date, time, and your personal details. If your statement extends beyond one page, remember to add the required heading "STATEMENT OF TAKEN AT DATED" on each additional page, along with your initials and the page number, ensuring the continuity and validity of your statement.
  • Affirmation and Verification: After completing your statement, you must affirm its truthfulness in the presence of an authorized person, who will administer an oath. You're required to read or have read to you your entire statement, make any necessary initial corrections, and sign the affidavit section on the final page, confirming that you made your statement freely and without any form of unlawful pressure.
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