Go Law

Go Law

Homepage Download Da 2823 Form in PDF
Jump Links

The DA Form 2823, commonly referred to as the Sworn Statement form, plays a critical role in documenting potential criminal activity related to the U.S. Army. This form serves as a formal mechanism for individuals to provide sworn statements under oath, allowing Army officials to uphold discipline and maintain law and order. The information collected can be used for various purposes, including investigations into complaints and incidents, and may be shared with multiple law enforcement agencies, courts, and other relevant organizations. The form requires specific details such as the individual's name, Social Security Number (SSN), and the circumstances surrounding the statement. It also emphasizes the voluntary nature of disclosing personal information, including the SSN. Additionally, the DA Form 2823 includes sections for witnesses and the person administering the oath, ensuring that the statement is legally binding and credible. Understanding the importance and structure of this form is essential for anyone involved in the military or related legal processes, as it provides a framework for accountability and transparency in addressing potential misconduct.

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

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

 

 

 

 

 

.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

Document Specifics

Fact Name Detail
Form Purpose This form documents potential criminal activity involving the U.S. Army.
Governing Laws Title 10, USC Section 301; Title 5, USC Section 2951; E.O. 9397.
Privacy Act Statement The form includes a privacy statement regarding the use of Social Security Numbers.
Routine Uses Information may be shared with various law enforcement agencies and organizations.
Disclosure Providing your SSN and other information is voluntary.
Signature Requirement The statement must be signed by the person making it and witnessed by an authorized individual.
Form Version This is DA Form 2823, revised in November 2006. Previous editions are obsolete.

Da 2823: Usage Instruction

Filling out the DA 2823 form requires careful attention to detail. Once completed, this form will be used to document your statement under oath regarding any potential criminal activity involving the U.S. Army. Follow these steps to ensure you fill out the form correctly.

  1. Locate the form: Obtain a copy of the DA 2823 form.
  2. Fill in the location: Write the location where the statement is being made.
  3. Enter the date: Use the format YYYYMMDD to write the date.
  4. Provide the time: Write the time when the statement is being made.
  5. Input the file number: Enter the relevant file number associated with your statement.
  6. Fill in your name: Write your last name, first name, and middle name.
  7. Enter your SSN: Provide your Social Security Number (SSN).
  8. State your grade/status: Indicate your military grade or status.
  9. Provide your organization or address: Write the name of your organization or your address.
  10. Make your statement: In the designated area, clearly write your statement under oath.
  11. Attach any exhibits: If applicable, label and attach any exhibits related to your statement.
  12. Initial your statement: Sign your initials at the bottom of the page to confirm your statement.
  13. Complete additional pages: If you need more space, use additional pages, ensuring each page has the heading "STATEMENT OF TAKEN AT" and is initialed by you.
  14. Sign the affidavit: At the end of the form, sign your name to affirm that you have read and understood your statement.
  15. Witness the statement: Have a person authorized to administer oaths sign and date the form.

Learn More on Da 2823

What is the purpose of the DA 2823 form?

The DA 2823 form, also known as the Sworn Statement, is used to document potential criminal activity involving the U.S. Army. Its primary goal is to assist Army officials in maintaining discipline and law and order through the investigation of complaints and incidents. By gathering statements under oath, the form helps ensure that accurate information is recorded for further review and action.

Who is required to fill out the DA 2823 form?

Any individual who wishes to provide a sworn statement regarding an incident or complaint involving the U.S. Army may be required to fill out the DA 2823 form. This can include service members, civilians, or witnesses who have relevant information. The form is intended to capture firsthand accounts of events, ensuring that all perspectives are documented.

What information is needed to complete the DA 2823 form?

To complete the DA 2823 form, the following information is typically required:

  1. Location of the incident
  2. Date and time of the statement
  3. File number associated with the case
  4. Full name of the person making the statement
  5. Social Security Number (SSN)
  6. Grade or status of the individual
  7. Organization or address of the individual

Additionally, the individual must provide a detailed statement regarding the incident, which will be documented on the form.

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

Providing a Social Security Number (SSN) on the DA 2823 form is voluntary. While it may help in the processing and identification of the individual making the statement, individuals can choose not to disclose their SSN. However, they should be aware that omitting it may affect the ability to link their statement to specific records or cases.

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

The information provided on the DA 2823 form may be shared with various entities, including federal, state, and local law enforcement agencies, as well as courts and child protective services. This information can be used for various purposes, such as determining judicial or non-judicial punishment, administrative disciplinary actions, and personnel decisions. Confidentiality is maintained to the extent possible, but individuals should be aware that the information may be disclosed as necessary.

How should corrections be handled on the DA 2823 form?

If corrections are needed on the DA 2823 form, the individual making the statement should initial all corrections made. Each page containing the statement must also bear the initials of the person making the statement. This ensures that all changes are acknowledged and that the final document accurately reflects the individual's account.

What is the significance of the affidavit section on the DA 2823 form?

The affidavit section at the end of the DA 2823 form serves as a declaration that the individual has read or had the statement read to them and fully understands its contents. By signing this section, the individual affirms that their statement is true and was made voluntarily, without coercion or undue influence. This adds a layer of credibility to the statement, as it confirms the individual's commitment to honesty in their account.

Who can administer the oath for the DA 2823 form?

The oath for the DA 2823 form can be administered by any person authorized by law to do so. This may include military officers or other designated officials. The person administering the oath must sign and provide their name and organization on the form, confirming that the statement was given under oath.

Common mistakes

Filling out the DA 2823 form correctly is crucial for ensuring that your statement is valid and can be used effectively. One common mistake is failing to provide all necessary personal information. This includes your full name, Social Security Number (SSN), and organization or address. Omitting any of this information can lead to delays or complications in processing your statement.

Another frequent error is not dating the statement properly. The form requires the date in a specific format (YYYYMMDD). If you do not follow this format, it may create confusion about when the statement was made. Always double-check the date to ensure it is accurate and formatted correctly.

People often forget to initial every page of the statement. Each additional page must have your initials at the bottom. This is important for verifying that you have reviewed and approved the contents of each page. Without these initials, the integrity of the statement may be questioned.

Another mistake involves not reading the entire statement before signing. It is essential to understand what you are signing. The statement must be true and reflect your own words. If you have any corrections, make sure to initial them. This ensures that the final document accurately represents your testimony.

Finally, some individuals do not include witnesses when required. If the form states that a witness is necessary, ensure that you have someone present to sign as a witness. This adds credibility to your statement and can be vital in legal proceedings. Taking the time to avoid these mistakes will help ensure that your DA 2823 form is filled out correctly and effectively.

Documents used along the form

The DA 2823 form, known as the Sworn Statement, is an essential document used within the U.S. Army to report potential criminal activities and maintain order. Alongside this form, several other documents may be necessary to support investigations or administrative actions. Below is a list of six forms commonly used in conjunction with the DA 2823, along with brief descriptions of each.

  • DA Form 4856: This is the Developmental Counseling Form. It is utilized by leaders to document counseling sessions with soldiers. The form helps track performance, behavior, and any necessary corrective actions.
  • DA Form 15-6: This form is used for conducting investigations. It provides a structured format for documenting findings and recommendations regarding incidents or allegations within the Army.
  • DA Form 4187: The Personnel Action form captures changes in a soldier's status, such as reassignment or disciplinary actions. It is essential for maintaining accurate personnel records.
  • DA Form 200: This is the Financial Liability Investigation of Property Loss form. It documents investigations into the loss of government property and determines accountability for the loss.
  • SF 95: The Claim for Damage, Injury, or Death form is used to file claims against the government for personal injury or property damage. It is crucial in cases where incidents reported in the DA 2823 may lead to claims.
  • DD Form 149: The Application for Correction of Military Records form allows individuals to request changes to their military records. It may be relevant if the findings from a DA 2823 impact a soldier's record.

These documents, when used alongside the DA 2823, help ensure thorough investigations and proper documentation of incidents within the Army. They play a vital role in maintaining accountability and transparency in military operations.

Similar forms

The DA Form 2823, also known as a sworn statement, shares similarities with an affidavit. Both documents serve as formal declarations made under oath, affirming the truthfulness of the statements contained within. An affidavit typically requires a signature and is often notarized, providing a legal weight to the assertions made. Like the DA Form 2823, affidavits can be used in legal proceedings to support claims or defenses, making them crucial in various legal contexts, including civil and criminal cases.

Another document akin to the DA Form 2823 is the witness statement. Witness statements are collected to document an individual's account of an event, often in the context of investigations. These statements can be used in legal proceedings to corroborate evidence or provide insight into a situation. Similar to the sworn statement, a witness statement aims to capture the truth of an incident, though it may not always require an oath. However, both documents are essential for establishing facts in legal matters.

The police report also bears resemblance to the DA Form 2823. Police reports are official documents created by law enforcement to record details of incidents, including crimes and accidents. Like the sworn statement, police reports serve to document events and may include witness accounts. Both documents are vital for investigations, as they provide a factual basis for understanding incidents and can be used in legal proceedings to support claims or charges.

Lastly, the declaration is another document similar to the DA Form 2823. A declaration is a written statement made under penalty of perjury, asserting the truth of the information provided. While declarations do not always require an oath, they carry legal significance and can be used in court. Both declarations and sworn statements aim to present truthful accounts of facts, making them important tools in legal and administrative processes.

Dos and Don'ts

When filling out the DA 2823 form, follow these guidelines to ensure accuracy and compliance.

  • Do provide your full name as it appears on official documents.
  • Do include your Social Security Number (SSN) in the designated area.
  • Do write clearly and legibly to avoid misunderstandings.
  • Do initial any corrections you make on the form.
  • Don't leave any required fields blank; fill in all necessary information.
  • Don't use abbreviations or nicknames; stick to your official name.
  • Don't forget to sign the statement at the end of the form.

Misconceptions

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

  • The DA 2823 is only for criminal cases. While it is often used to document potential criminal activity, it can also serve various administrative purposes within the Army.
  • You must provide your Social Security Number (SSN). Disclosure of your SSN is voluntary. You can choose not to provide it, although it may affect how your statement is processed.
  • Only officers can fill out the DA 2823. Any service member or civilian associated with the Army can complete this form to report incidents or provide statements.
  • The statement must be typed. While typing is preferred for clarity, handwritten statements are also acceptable as long as they are legible.
  • Filling out the form guarantees action will be taken. Submitting a DA 2823 does not ensure that an investigation will occur; it simply documents the information provided.
  • You cannot amend your statement once submitted. You can make corrections or amendments, but you must initial all changes and ensure they are documented properly.
  • The form is confidential and cannot be shared. While the information is treated with care, it may be disclosed to various law enforcement agencies or other entities as needed.
  • Witnesses are not required. While having witnesses can add credibility to your statement, it is not a strict requirement for submitting the form.
  • The DA 2823 is only for incidents occurring on military property. This form can be used to document incidents that occur off military property if they involve Army personnel or activities.

Clarifying these misconceptions can help individuals navigate the process more effectively and understand their rights and responsibilities when completing the DA 2823 form.

Key takeaways

Filling out the DA 2823 form is an important process for documenting statements related to potential criminal activity within the U.S. Army. Here are some key takeaways to keep in mind:

  • Understand the Purpose: The form is used to document statements that may assist in investigations of complaints or incidents involving the Army.
  • Privacy Matters: Your Social Security Number (SSN) and other information are voluntary to disclose, but they may be used for various personnel actions.
  • Fill Out Completely: Ensure all required fields are filled out, including location, date, time, and your personal information.
  • Initial Corrections: If you make any corrections to your statement, initial each correction and the bottom of each page.
  • Witness Requirement: A person authorized to administer oaths must witness your statement, ensuring it is sworn and valid.

Following these guidelines will help ensure that the DA 2823 form is completed correctly and serves its intended purpose effectively.