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The DA 2823 form, also known as the Sworn Statement, serves a critical role within the U.S. Army's framework for maintaining order and discipline. This form is designed to document potential criminal activities and allows Army officials to conduct thorough investigations into complaints and incidents. It is governed by regulations outlined in AR 190-45 and adheres to privacy standards established by various U.S. laws, including Title 10 and Title 5 of the United States Code. Individuals completing the form are required to provide personal information such as their name, Social Security Number (SSN), and organizational details. The information gathered may be shared with various law enforcement agencies and other entities for purposes ranging from administrative disciplinary actions to security clearances. While providing SSN and other details is voluntary, the form emphasizes the importance of accurate and truthful statements, as it is a sworn document that may have legal implications. The DA 2823 form is structured to ensure that statements are clear, complete, and can be verified, thus reinforcing the integrity of the reporting process within the Army.

Common mistakes

  1. Incomplete Information: Failing to fill in all required fields can lead to delays or rejection of the form. Ensure that every section, including location, date, and personal details, is completed accurately.

  2. Incorrect Format: Using the wrong format for dates or times can cause confusion. Always follow the specified format, such as YYYYMMDD for dates.

  3. Missing Initials: Forgetting to initial corrections or the bottom of each page can render the statement invalid. Remember to initial all pages and any changes made.

  4. Omitting the Statement of Truth: Neglecting to include the affirmation that the statement is true can lead to legal complications. Clearly state that the information provided is accurate and made freely.

  5. Signature Issues: Not signing the form or using an illegible signature can hinder the processing of the document. Ensure that your signature is clear and matches the name provided on the form.

  6. Ignoring Additional Pages: If extra pages are needed, failing to label them correctly can create confusion. Each additional page should include the heading "STATEMENT OF TAKEN AT DATED" and the initials of the person making the statement.

Preview - 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.

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

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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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Documents used along the form

The DA Form 2823, known as the Sworn Statement, is a crucial document used within the U.S. Army to record statements regarding potential criminal activity. However, it is often accompanied by other forms and documents that serve various purposes in the investigative process. Here’s a brief overview of five commonly used forms that may accompany the DA Form 2823.

  • DA Form 3881: This is the Rights Warning Procedure/Waiver Certificate. It informs individuals of their rights before being questioned by military authorities. This form ensures that the person understands their rights and can make an informed decision about whether to waive them.
  • DA Form 2627: Known as the Record of Proceedings Under Article 15, this form documents non-judicial punishment proceedings. It is used to record the details of the punishment imposed on a service member for minor offenses, ensuring due process is followed.
  • DA Form 3975: This is the Military Police Report. It provides a comprehensive account of incidents involving military personnel. This form is essential for documenting the facts surrounding an incident and is often used in conjunction with sworn statements to establish a clear narrative of events.
  • WC-1 Georgia: The georgiapdf.com provides essential information about this form, which is necessary for employers to report workplace injuries or diseases promptly.
  • DA Form 4856: This form is the Developmental Counseling Form. It is utilized by leaders to document counseling sessions with soldiers. It can be relevant in investigations to show a soldier's prior behavior and any corrective actions taken.
  • DA Form 7510: This is the Investigation Report. It summarizes the findings of an investigation conducted by military authorities. It is critical for providing a detailed overview of the investigative process and outcomes, often referencing statements made on the DA Form 2823.

These forms collectively support the investigative and disciplinary processes within the Army, ensuring that all actions are well-documented and that individuals' rights are protected. Understanding these documents can be beneficial for anyone involved in or affected by military investigations.

Similar forms

The DA Form 2823, also known as a Sworn Statement, shares similarities with an Affidavit. An affidavit is a written statement confirmed by oath or affirmation, often used as evidence in court. Both documents require the individual to make a declaration of truth under penalty of perjury. Like the DA Form 2823, an affidavit includes personal information such as the affiant's name and address. The primary purpose of both documents is to provide a formal account of events or facts that can be used in legal proceedings, ensuring that the information is documented and verifiable.

Another document comparable to the DA Form 2823 is the Witness Statement. This type of statement is typically used to collect information from individuals who have witnessed an event relevant to an investigation. Similar to the DA Form 2823, a Witness Statement is often signed and may require the witness to affirm the truthfulness of their account. Both documents aim to gather reliable testimony that can assist in legal or disciplinary actions, reinforcing the importance of accurate and honest reporting.

For those needing to handle motor vehicle transactions, utilizing a reliable Motor Vehicle Power of Attorney form can be highly beneficial. This document grants authority to someone else to manage vehicle-related responsibilities, thereby simplifying processes for the vehicle owner.

The Statement of Facts is yet another document that resembles the DA Form 2823. This document outlines specific details about an incident, often used in various legal contexts. Like the DA Form 2823, a Statement of Facts is structured to present information clearly and concisely. Both documents serve to establish a factual basis for further investigation or legal proceedings, emphasizing the necessity of precise and truthful accounts to support claims or defenses.

Lastly, the Incident Report is similar to the DA Form 2823 in that it documents an event, particularly when it involves potential wrongdoing or misconduct. Incident Reports are often used by law enforcement and other organizations to detail the circumstances surrounding an event. Both forms require accurate information and may include witness accounts, making them essential tools for maintaining order and accountability. The primary goal of both documents is to provide a clear record that can be referenced in future actions or investigations.

Dos and Don'ts

When filling out the DA 2823 form, there are important guidelines to follow. Here is a list of things you should and shouldn't do:

  • Do read the entire form carefully before starting.
  • Do provide accurate and complete information.
  • Do sign and date the form where indicated.
  • Do include your Social Security Number (SSN) if required.
  • Do initial any corrections you make on the form.
  • Don't leave any required fields blank.
  • Don't use abbreviations or slang in your statements.
  • Don't submit the form without reviewing it for errors.
  • Don't forget to include the page number on additional pages.
  • Don't rush through the form; take your time to ensure clarity.

Key takeaways

When completing the DA 2823 form, several key points should be kept in mind to ensure clarity and compliance. Here are ten essential takeaways:

  • Understand the Purpose: The DA 2823 form is designed to document potential criminal activity involving the U.S. Army. It plays a crucial role in maintaining discipline and law enforcement.
  • Privacy Matters: Be aware that the information provided may be shared with various law enforcement agencies and organizations, including courts and child protective services.
  • Voluntary Disclosure: You are not required to disclose your Social Security Number (SSN) or other personal information, but doing so may assist in the processing of your statement.
  • Accurate Information: Fill out the form completely and accurately, including your full name, SSN, and the specific details of the incident.
  • Initial Corrections: If you make any corrections to your statement, initial each correction. This ensures that your final statement reflects your true intent.
  • Multiple Pages: If additional pages are needed, label them appropriately with "STATEMENT OF TAKEN AT" and include your initials and page numbers.
  • Read Before Signing: Ensure you read the entire statement before signing. Understanding what you have written is essential.
  • Oath Administration: The statement must be sworn before an authorized person. This adds a layer of credibility to your testimony.
  • Witness Requirement: If applicable, include witnesses who can attest to the validity of your statement.
  • Final Review: Take a moment to review the completed form for any errors or omissions before submission. This step can prevent complications later on.

Being thorough and mindful while filling out the DA 2823 form not only aids in the legal process but also ensures that your voice is accurately represented. Your statement is an important part of maintaining justice and accountability within the Army.

How to Use Da 2823

Completing the DA Form 2823 is an important step in documenting a sworn statement related to potential criminal activity involving the U.S. Army. Follow these steps carefully to ensure all necessary information is accurately recorded.

  1. Begin by filling in the LOCATION where the statement is being made.
  2. Enter the DATE in the format YYYYMMDD.
  3. Provide the TIME the statement is being taken.
  4. Include the FILE NUMBER associated with the case.
  5. Write your LAST NAME, FIRST NAME, MIDDLE NAME in the designated fields.
  6. Input your SSN (Social Security Number).
  7. Indicate your GRADE/STATUS in the military.
  8. Fill in your ORGANIZATION OR ADDRESS.
  9. In the statement section, write "I, [Your Name], WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:" and then provide your statement.
  10. If applicable, include an EXHIBIT reference.
  11. Sign your initials in the INITIALS OF PERSON MAKING STATEMENT section.

If you need additional pages, remember to include the heading "STATEMENT OF TAKEN AT" and the date at the top of each page. Each additional page must also have your initials and page number noted at the bottom. Once you finish your statement, you will affirm that you have read it, understand its contents, and that it is true. This affirmation will require your signature and the signature of a witness who administers the oath.