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The DA 2823 form, known as the Sworn Statement, plays a crucial role in documenting potential criminal activity related to the U.S. Army. This form is designed to assist Army officials in maintaining discipline and law and order by facilitating the investigation of complaints and incidents. It is important for individuals filling out the form to understand its purpose and the implications of the information they provide. The form collects essential details, such as the location, date, and time of the incident, as well as personal information about the individual making the statement, including their name, Social Security Number (SSN), and organizational affiliation. Furthermore, the DA 2823 allows for the inclusion of exhibits and requires the initials of the person making the statement on each page. The information gathered may be disclosed to various law enforcement agencies and used for a range of purposes, from judicial punishment to personnel actions. While disclosure of the SSN is voluntary, it is a critical element for identification and record-keeping. Ultimately, the DA 2823 is a vital tool for ensuring accountability and transparency within the Army, allowing for a structured approach to handling allegations and incidents.

Form Sample

THE BOTTOM OF EACH ADDITIONAL PAGE MUST BEAR THE INITIALS OF THE PERSON MAKING THE STATEMENT, AND PAGE NUMBER MUST
BE INDICATED.
ADDITIONAL PAGES MUST CONTAIN THE HEADING "STATEMENT OF
PREVIOUS EDITIONS ARE OBSOLETE.
DA FORM 2823, NOV 2006
DATEDTAKEN AT
APD AEM v1.04ES
SWORN STATEMENT
For use of this form, see AR 190-45; the proponent agency is PMG.
PRIVACY ACT STATEMENT
AUTHORITY:
PRINCIPAL PURPOSE:
ROUTINE USES:
DISCLOSURE:
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.
Title 10, USC Section 301; Title 5, USC Section 2951; E.O. 9397 Social Security Number (SSN).
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 of your SSN and other information is voluntary.
3. TIME
6. SSN
I,
8. ORGANIZATION OR ADDRESS
10. EXHIBIT 11. INITIALS OF PERSON MAKING STATEMENT
1. LOCATION
5. LAST NAME, FIRST NAME, MIDDLE NAME
4. FILE NUMBER
7. GRADE/STATUS
, WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:
9.
2. DATE (YYYYMMDD)
Page 1 of 3
DA FORM 2823, NOV 2006
APD AEM v1.04ES
INITIALS OF PERSON MAKING STATEMENT
Page 2 of 3
USE THIS PAGE IF NEEDED. IF THIS PAGE IS NOT NEEDED, PLEASE PROCEED TO FINAL PAGE OF THIS FORM.
DATEDTAKEN ATSTATEMENT OF
9. STATEMENT (Continued)
DA FORM 2823, NOV 2006
APD AEM v1.04ES
DATEDTAKEN ATSTATEMENT OF
INITIALS OF PERSON MAKING STATEMENT
Page 3 of 3
, HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT WHICH BEGINS ON I,
. 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.
,
Subscribed and sworn to before me, a person authorized by law to
(Authority To Administer Oaths)
(Signature of Person Making Statement)
(Typed Name of Person Administering Oath)
AFFIDAVIT
WITNESSES:
ORGANIZATION OR ADDRESS
(Signature of Person Administering Oath)
ORGANIZATION OR ADDRESS
day of
administer oaths, this
at
.
Page 3 of 3PAGE 1, AND ENDS ON PAGE

Document Specifications

Fact Name Description
Purpose The DA Form 2823 is used to document potential criminal activity involving the U.S. Army. It helps maintain discipline and order through the investigation of complaints.
Governing Laws This form is governed by Title 10, USC Section 301 and Title 5, USC Section 2951, along with E.O. 9397.
Privacy Statement Disclosure of information, including Social Security Numbers, is voluntary. However, it may be shared with various law enforcement and government agencies.
Affidavit Requirement The person making the statement must read or have the statement read to them. They must understand and affirm the truthfulness of their statement.

Steps to Filling Out Da 2823

Filling out the DA Form 2823 is an important step in documenting a sworn statement. This form is essential for those who need to provide a formal account of an event or situation, particularly in relation to potential criminal activity involving the U.S. Army. Ensuring that each section is completed accurately is crucial for the integrity of the statement.

  1. Location: Enter the location where the statement is being made.
  2. Date: Fill in the date in the format YYYYMMDD.
  3. Time: Provide the time the statement is being made.
  4. File Number: Include the relevant file number associated with the case.
  5. Last Name, First Name, Middle Name: Write your full name as it appears in official records.
  6. SSN: Enter your Social Security Number (SSN). Remember, disclosure is voluntary.
  7. Grade/Status: Indicate your military grade or status.
  8. Organization or Address: Provide the name of your organization or your address.
  9. Statement: Clearly state the details of your statement. Use the space provided, and ensure it is thorough and truthful.
  10. Exhibit: If applicable, mention any exhibits that support your statement.
  11. Initials: Sign your initials at the end of the statement to confirm its accuracy.

If additional pages are needed, ensure they are labeled with "STATEMENT OF TAKEN AT" and include the date. Each page must also have your initials and the page number indicated. After completing the form, it is essential to review the entire document for accuracy and completeness before submission.

More About Da 2823

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 maintain discipline and law and order through the investigation of complaints and incidents. This form is essential for ensuring that any allegations or statements made are recorded accurately and can be used in further investigations.

Who should use the DA 2823 form?

This form is intended for individuals who wish to make a sworn statement regarding an incident or complaint related to the U.S. Army. It can be used by soldiers, civilians, or any person who has witnessed or has information about a potential criminal activity involving the Army. It is important that the person making the statement understands the content of the form and the implications of providing a sworn statement.

What information is required on the DA 2823 form?

The DA 2823 form requires several pieces of information. This includes the location, date, and time of the incident, as well as the last name, first name, and middle name of the person making the statement. The form also asks for the Social Security Number (SSN), grade or status, and organization or address of the individual. Additionally, the person making the statement must provide a detailed account of the incident they are reporting.

Is the disclosure of personal information mandatory on the DA 2823 form?

Disclosure of personal information, such as the Social Security Number, is voluntary. Individuals can choose whether or not to provide this information. However, it is important to note that providing complete and accurate information may facilitate the investigation process. The form is designed to protect the privacy of the individuals involved, and the information may be shared with relevant law enforcement agencies as necessary.

What happens after the DA 2823 form is completed?

Once the DA 2823 form is completed and signed, it must be submitted to the appropriate authorities within the Army. The statement will be reviewed as part of the investigation process. The individual making the statement will also need to initial each page of the statement to confirm its accuracy. Witnesses may be required to sign the form as well, affirming the validity of the statement made.

Common mistakes

  1. Incomplete Personal Information: Failing to fill in all required personal details, such as last name, first name, middle name, or Social Security Number (SSN), can lead to processing delays.

  2. Incorrect Date Format: Using the wrong date format can cause confusion. The form requires the date in the YYYYMMDD format, and any deviation can lead to errors.

  3. Missing Initials: Not providing initials on every page can invalidate the statement. Each additional page must have the initials of the person making the statement at the bottom.

  4. Omitting the File Number: Failing to include the file number can hinder the tracking and referencing of the statement during investigations.

  5. Neglecting to Sign: Forgetting to sign the statement can render it unofficial. A signature is necessary to affirm that the statement is true and made voluntarily.

  6. Inaccurate Exhibit Information: Not properly identifying or including exhibits can lead to incomplete documentation. Ensure that any referenced exhibits are clearly labeled.

  7. Failure to Review the Statement: Not reading the statement thoroughly before signing can lead to mistakes. It is essential to ensure all information is accurate and complete.

  8. Ignoring the Affidavit Section: Skipping the affidavit section can cause issues. This part is crucial for affirming the truthfulness of the statement.

  9. Not Including Witness Information: If required, neglecting to provide witness information can undermine the credibility of the statement. Ensure all necessary witnesses are included.

Documents used along the form

The DA Form 2823, known as the Sworn Statement, is utilized to document potential criminal activity involving the U.S. Army. It is often accompanied by other forms and documents that serve various purposes in the context of investigations and legal proceedings. Below is a list of additional forms and documents frequently used in conjunction with the DA Form 2823.

  • DA Form 15-6: This is the Investigation Report used to document the findings of an informal investigation. It outlines the circumstances surrounding the incident and provides recommendations for further action.
  • DA Form 3975: This form is the Military Police Report, which records incidents investigated by military police. It includes details about the event, involved parties, and any actions taken.
  • DA Form 4833: The Commander's Report of Disciplinary Action is used to report the results of disciplinary actions taken against service members. It provides a summary of the offense and the action taken.
  • DA Form 2824: This is a Statement of Witness form, which allows witnesses to provide their accounts of an incident. It is essential for gathering multiple perspectives during an investigation.
  • DD Form 2708: This form is used for the release of detainees. It documents the transfer of individuals in custody and ensures proper procedures are followed.
  • DA Form 4856: The Developmental Counseling Form is utilized for documenting counseling sessions with soldiers. It addresses performance, behavior, and any necessary corrective actions.
  • DA Form 100: This is the Request for Transfer or Discharge, which is sometimes necessary if a soldier's situation changes as a result of an investigation.
  • DA Form 31: The Request and Authority for Leave form is often used when a soldier needs to take leave due to circumstances arising from an investigation.
  • SF 86: This is the Questionnaire for National Security Positions, required for individuals seeking security clearances. It may be relevant in investigations involving security issues.
  • DD Form 214: The Certificate of Release or Discharge from Active Duty provides a record of a service member's time in service, which may be relevant in various legal contexts.

These forms and documents complement the DA Form 2823 by providing additional context, evidence, and procedural documentation necessary for thorough investigations and appropriate actions within the U.S. Army framework.

Similar forms

The DA Form 2823, or Sworn Statement, is similar to an affidavit. An affidavit is a written statement confirmed by oath or affirmation, used as evidence in court. Like the DA Form 2823, an affidavit requires the person making the statement to swear to the truthfulness of their assertions. Both documents serve to provide a formal account of events or facts, and they can be used in legal proceedings to support claims or defenses. The key difference lies in the context; affidavits are often used in civil and criminal cases, while the DA Form 2823 is specifically tailored for military matters.

Another document that resembles the DA Form 2823 is the witness statement. A witness statement is a written account from someone who has observed an event or has relevant information about a case. Similar to the DA Form 2823, it captures the details of what the witness saw or heard. Both documents require the witness to provide their personal information and a detailed account of the incident. However, witness statements may not always be sworn under oath, which distinguishes them from the DA Form 2823.

The police report is another comparable document. Police reports are official records created by law enforcement agencies that document incidents, investigations, and arrests. Like the DA Form 2823, police reports aim to provide a factual account of events. Both documents are crucial for investigations and can be used in legal proceedings. However, police reports are typically generated by law enforcement officers, while the DA Form 2823 is completed by individuals providing sworn statements.

The deposition is also similar to the DA Form 2823. A deposition is a formal statement taken under oath, usually in the context of a legal proceeding. Like the DA Form 2823, it seeks to gather information relevant to a case. Both documents require the individual to affirm the truthfulness of their statements. However, depositions are typically conducted in a legal setting with attorneys present, while the DA Form 2823 can be completed in a more informal setting.

Another document that shares similarities with the DA Form 2823 is the statement of facts. A statement of facts is a narrative that outlines the relevant facts of a case. It serves to clarify the details surrounding an incident, much like the DA Form 2823. Both documents aim to provide a clear and concise account of events. However, statements of facts may not always be sworn and can be less formal than the DA Form 2823.

Finally, the declaration is akin to the DA Form 2823. A declaration is a written statement, often used in legal contexts, that asserts certain facts are true. Like the DA Form 2823, it can be used to support legal claims. Both require the individual to affirm the truth of their statements. The primary distinction is that declarations may not always require an oath, making the DA Form 2823 more formal in its requirements for verification.

Dos and Don'ts

When filling out the DA 2823 form, it is essential to approach the task with care and attention to detail. Here are six important dos and don'ts to keep in mind:

  • Do provide accurate and complete information. Every detail matters, from your name to the date and location.
  • Do read the instructions carefully before starting. Understanding what is required will help you avoid mistakes.
  • Do initial any corrections you make on the form. This shows that you acknowledge the changes and keeps the document clear.
  • Do ensure that each page is properly labeled and includes your initials at the bottom. This is crucial for maintaining the integrity of your statement.
  • Don't leave any fields blank unless instructed to do so. Incomplete forms may lead to delays or complications in processing your statement.
  • Don't rush through the process. Take your time to think about your statement and ensure it reflects your true account of the events.

By following these guidelines, you can help ensure that your DA 2823 form is filled out correctly and effectively communicates your statement.

Misconceptions

Understanding the DA Form 2823, also known as the Sworn Statement, is crucial for those involved with the U.S. Army. However, several misconceptions surround this important document. Below is a list of common misunderstandings, along with clarifications to help demystify the form.

  1. It is mandatory to provide a Social Security Number (SSN). Many believe that providing an SSN is compulsory when filling out the form. In reality, disclosure of your SSN and other personal information is voluntary.
  2. The form is only for criminal activity. Some think the DA Form 2823 is exclusively for documenting criminal incidents. While it does serve that purpose, it can also be used to maintain discipline and order within the Army through various complaints and incidents.
  3. Only officers can use this form. A common myth is that only commissioned officers are allowed to submit a DA Form 2823. In fact, any service member can utilize this form to provide a sworn statement.
  4. Once submitted, the statement cannot be changed. Many individuals worry that their statements are set in stone. However, corrections can be made as long as they are initialed by the person making the statement.
  5. The form is not confidential. Some believe that the information provided on the DA Form 2823 is public. In truth, the form includes privacy protections, and the information may only be disclosed under specific circumstances.
  6. Witness signatures are not necessary. A misconception exists that witness signatures are optional. In reality, the form requires a witness to sign, confirming the authenticity of the statement.
  7. Submitting the form guarantees action will be taken. Many individuals assume that submitting a DA Form 2823 will automatically lead to an investigation or action. While it documents the statement, the decision to pursue further action lies with Army officials.
  8. It can be filled out casually. Some think that the form can be completed without much attention to detail. However, it is important to provide clear and accurate information, as the statement is made under oath.
  9. The form has no legal significance. A common belief is that the DA Form 2823 lacks legal weight. On the contrary, it is a legally binding document that can be used in investigations and legal proceedings.
  10. All statements will be treated equally. There is a misconception that all sworn statements are given the same level of scrutiny. In fact, the context, content, and corroborating evidence can influence how each statement is evaluated.

By dispelling these misconceptions, individuals can better understand the purpose and implications of the DA Form 2823, ensuring they use it correctly and effectively when necessary.

Key takeaways

Filling out the DA 2823 form correctly is essential for documenting statements under oath related to potential criminal activity involving the U.S. Army. Here are key takeaways to keep in mind:

  • Purpose of the Form: This form is used to document potential criminal activity and maintain discipline within the Army.
  • Privacy Act Statement: Your Social Security Number (SSN) and other personal information are collected voluntarily.
  • Information Sharing: The information may be shared with various law enforcement agencies and other organizations as needed.
  • Filling Out the Form: Ensure all fields, including location, date, time, and personal details, are completed accurately.
  • Statement Under Oath: Clearly state your intention to make a statement under oath in the designated section.
  • Initials Required: Initial each page of your statement and any corrections made to ensure clarity and authenticity.
  • Affidavit Section: Read the entire statement before signing to confirm understanding and accuracy of the content.
  • Witnesses: A person authorized to administer oaths must be present to witness your signature on the form.
  • Additional Pages: If more space is needed, include additional pages with the required heading and your initials at the bottom.

Following these guidelines will help ensure that your DA 2823 form is completed correctly and effectively supports any necessary investigations.