Fill Out a Valid Da 2823 Form

Da 2823 - Usage Guide

Filling out a DA Form 2823, which is used for making sworn statements, might appear daunting at first glance, but it is an essential document that plays a crucial role in documenting potential criminal activity involving the U.S. Army. This form helps Army officials maintain discipline, law, and order by investigating complaints and incidents thoroughly. The steps below guide you through the process of filling out the form correctly, ensuring that every piece of information provided is accurate and verifiable.

1. LOCATION: Enter the location where the statement is being made, ensuring it’s specific to facilitate any potential follow-up or investigation.
2. DATE (YYYYMMDD): Write the date on which the statement is made, using the year-month-day format (e.g., 20230630 for June 30, 2023).
3. TIME: Record the time when the statement is being made, using a 24-hour clock format to avoid any ambiguity.
4. FILE NUMBER: If applicable, enter the file number associated with the case or incident to which the statement relates.
5. LAST NAME, FIRST NAME, MIDDLE NAME: Provide the full name of the individual making the statement, beginning with the last name to ensure clarity on the person’s identity.
6. SSN: Enter the Social Security Number of the person making the statement. Remember, providing this information is voluntary but can be crucial for identification purposes.
7. GRADE/STATUS: Indicate the military rank or civilian status of the individual providing the statement.
8. ORGANIZATION OR ADDRESS: Write down the unit or organization affiliation for military personnel, or the address for civilians, providing a point of contact.
9. I, [ Insert Name ], WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH: This section is where the individual making the statement should begin their account of the incident or information being reported. They must use clear, concise, and factual language.
10. EXHIBIT: If there are any physical pieces of evidence or documents related to the statement, list them here and mark each piece as an exhibit.
11. INITIALS OF PERSON MAKING STATEMENT: The person making the statement should initial here to verify the accuracy and completeness of information on the first page.

For statements that extend beyond the first page, ensure to include a header reading "STATEMENT OF [Name] TAKEN AT [Location] DATED [Date]" at the top of each additional page. Additionally, the person making the statement must initial the bottom of each page, indicating they have reviewed and affirmed its contents. Once the statement portion is complete, read or have the statement read back to you, including the affirmation at the end about making the statement freely and voluntarily. After reviewing for accuracy and making any necessary initials on corrections, the final step involves signing the form in front of a witness authorized to administer oaths. This witness will then also sign the form, validating its completion and the truthfulness of its content.

What is the DA Form 2823 and when is it used?

The DA Form 2823 is known as a Sworn Statement. It's a document utilized within the United States Army for recording statements related to potential criminal activity and other incidents that require official documentation. The form serves as a way for Army officials to maintain discipline, law, and order by investigating complaints and incidents thoroughly. It is typically used during legal or administrative investigations when a sworn statement from a witness or a party involved in the incident is required.

Who can administer the oath on a DA Form 2823?

The oath on a DA Form 2823 must be administered by a person who has the authority by law to do so. This often includes military officers, judicial officers, or other individuals who have been granted the power to administer oaths as part of their professional duties. The individual administering the oath has the responsibility to ensure that the person making the statement fully understands the content and implications of their statement.

Is disclosing my Social Security Number (SSN) mandatory when filling out the DA Form 2823?

Disclosing your Social Security Number (SSN) on the DA Form 2823 is voluntary. The Privacy Act Statement on the form notes that while providing your SSN and other information requested on the form is not mandatory, it is essential for documentation purposes, particularly in investigations involving potential criminal activity within the U.S. Army. However, your decision regarding SSN disclosure should consider the principles of necessity and privacy.

What happens with the information provided on a DA Form 2823?

Information provided on a DA Form 2823 can be disclosed to multiple agencies, including federal, state, local, and foreign government law enforcement agencies, prosecutors, courts, child protective services, victims, witnesses, and more. It is often used for determinations regarding judicial or non-judicial punishment, administrative disciplinary actions, security clearances, and various other personnel actions. The primary goal is to ensure that all provided information is used appropriately to maintain the integrity and discipline within the Army.

Can I correct a mistake made on a DA Form 2823 after it's been completed and signed?

Yes, corrections can be made on a DA Form 2823, but they must be initialed by the person making the statement. Every page of the statement that contains any correction must have the initials of the person alongside the correction. This ensures that all changes are acknowledged by the person making the statement, maintaining the integrity and accuracy of the sworn statement.

Filling out a DA Form 2823, or Sworn Statement, requires attention to detail and an understanding of its significance. A common mistake is neglecting the importance of the Privacy Act Statement. Some individuals might skim over this section, not realizing that it outlines the authority for collecting personal information, the purposes for its use, and the potential for its disclosure to various agencies. This oversight might lead to confusion about personal data handling and the ramifications of providing or withholding information.

Inaccuracies in filling out personal information sections, such as the social security number (SSN), name, or grade/status, are frequent errors. These details are crucial for identifying the person making the statement and ensuring that the statement is accurately attributed. Mistakes here can lead to administrative delays or the misallocation of statements during investigations, potentially impacting the outcomes of disciplinary actions or investigations.

Another area prone to mistakes is the proper documentation and continuation of the statement across additional pages. Each additional page must include the heading "STATEMENT OF TAKEN AT DATED" at the bottom, along with the initials of the person making the statement and the page number. Failure to follow this protocol can result in confusion or the loss of critical information, as well as questions regarding the statement's completeness and authenticity.

Individuals often overlook the necessity of initialing all corrections. This step is vital for maintaining the integrity of the statement. It indicates that the person making the statement acknowledges and approves any changes made, ensuring that the record accurately reflects their testimony. Neglecting this process could cast doubt on the reliability or truthfulness of the provided information.

The final mistake involves the affirmation section at the end of the form. Some may hastily sign off without thoroughly reviewing their statement or fully understanding the declaration that they have read or had the statement read to them, understand its contents, and have made their statement freely. This can have significant implications, particularly if later it is found that parts of the statement are inaccurate or misrepresented.

Last but not least, the presence and role of witnesses during the swearing-in process are sometimes underestimated. Witnesses play a crucial role in validating the authenticity of the statement. Failing to have the statement duly witnessed, or errors in documenting the witness's information, undermines the legal standing of the document, potentially rendering it invalid in proceedings.

The DA Form 2823, or Sworn Statement, is a crucial document utilized within the U.S. Army for documenting potential criminal activity and facilitating the maintenance of discipline and order. While this form serves as a foundational piece in the investigative process, it is often accompanied by several other documents and forms which collectively ensure a thorough examination and recording of incidents. These additional forms contribute to creating a comprehensive narrative around the events in question, integrating various perspectives, evidential materials, and administrative details necessary for a full evaluation.

• DA Form 4856: Counseling Form - This document is used to record counseling sessions between a leader and their subordinate. It may provide background information or issues leading up to an incident reported on the DA 2823.
• DA Form 7566: Composite Risk Management Worksheet - Used for assessing and managing risks associated with military operations or training exercises, this document may give context to incidents or decisions reported on the DA 2823.
• DD Form 93: Record of Emergency Data - While not directly related to the investigative process, this form contains next-of-kin and emergency contact information that could become relevant in cases involving serious incidents.
• DA Form 31: Request and Authority for Leave - This document, used for requesting leave from military duty, can help corroborate timelines or establish the whereabouts of individuals involved in the statement provided on the DA 2823.
• DA Form 4187: Personnel Action - Often used to request or record administrative actions related to personnel, such as duty reassignments or changes in status that may be relevant to the investigation.
• DA Form 638: Recommendation for Award - This form is used to recommend military personnel for awards. The commendations or incidents leading to a recommendation might provide useful insights or corroborate statements made in the DA 2823.
• DD Form 214: Certificate of Release or Discharge from Active Duty - Provides a comprehensive record of service, including conduct and reasons for leaving the military, which could be relevant in assessing the credibility of statements or character of individuals involved.

Collectively, these documents, alongside the DA Form 2823, form a mosaic of administrative and personal insight, contributing to a holistic understanding of the circumstances surrounding reported incidents. Their integrated use allows Army officials to piece together narratives, evaluate conduct, and make informed decisions regarding the persons involved. In turn, ensuring that actions taken are just, and reflective of both the spirit and letter of military law and order.

The DA Form 2823, or Sworn Statement, shares similarities with the Miranda Rights form, which is used in criminal proceedings. Both documents aim to protect the rights of individuals by ensuring they are aware of the implications of their statements. The Miranda Rights form is given to suspects during arrest to inform them of their right to remain silent and the potential for their words to be used against them in court, akin to the DA Form 2823's caution that the statements made can affect judicial or administrative actions.

Another comparable document is the Affidavit, a written statement made under oath, much like the DA Form 2823. Affidavits are used in various legal contexts, from court proceedings to loan applications, requiring the signer to attest to the truth of the information provided under penalty of perjury. Both forms serve as formal written testimonies of events or situations, emphasizing the truthfulness and accuracy of the statements given.

The Incident Report Form, often used in workplaces or schools, also shares similarities with the DA Form 2823. This form documents any occurrences that might require investigation or follow-up, detailing who was involved, what happened, and any immediate actions taken. Similarly, the DA Form 2823 is used to record statements relating to potential criminal activity, aiding in maintaining discipline and order through thorough investigation.

The Consent to Search Form, which police or investigators employ to obtain permission to search personal property or premises, resembles the DA Form 2823 in its legal significance. While the Consent to Search Form involves an individual's agreement to allow a search, the DA Form 2823 involves an individual’s voluntary statement regarding an incident. Both forms require informed consent and understanding of the rights and implications involved in the process.

The Victim Impact Statement, used in the sentencing phase of a criminal trial, allows victims to describe the impact of the crime on their lives, comparable to the DA Form 2823's role in documenting statements about criminal activity. Both documents aim to influence the outcome of legal proceedings, whether it be sentencing or administrative actions, by providing personal testimonies.

Witness Statements, collected during investigations or legal proceedings, bear likeness to the DA Form 2823. These statements document witnesses' accounts of an event, providing crucial information that may affect the outcome of a trial or investigation. Both the Witness Statements and the DA Form 2823 are key in gathering facts and ensuring a comprehensive understanding of the situation at hand.

The Employee Write-Up Form, often used by human resources to document disciplinary actions or issues within the workplace, similarly captures statements and incidents that could lead to administrative actions. Like the DA Form 2823, it serves as a formal record that might influence future decisions regarding an individual’s employment status or actions.

The Police Report, filed after incidents like accidents, crimes, or disturbances, also aligns with the purpose of the DA Form 2823. Both documents are official records used to detail events accurately and comprehensively for use in investigations, legal proceedings, or administrative decisions.

The Privacy Act Statement, while not a form similar in content to the DA Form 2823, is related in its inclusion in many government documents. It informs individuals about the reasons their personal information is collected and how it will be used, similar to how the DA Form 2823 outlines the use of statements and personal details provided within it.

Lastly, the Military Orders document, which details assignments, relocations, or instructions to military personnel, shares the formal and authoritative nature of the DA Form 2823. Both are official documents used within the military to direct actions and record significant information related to service members’ duties and responsibilities.

When filling out the DA Form 2823, a sworn statement used primarily within the United States Army, it's essential to be mindful of the actions that can help ensure the document is valid and accurately reflects the information intended to be communicated. The following lists outline some important dos and don'ts to consider during this process.

Things You Should Do

1. Read the Privacy Act Statement carefully: Understanding your rights and the purpose of collecting your personal information is crucial for transparency and your comfort level in providing sensitive details.
2. Fill in all required fields accurately: Incomplete or inaccurate information can delay the processing of the form or can cause it to be returned for corrections.
3. Review your statement thoroughly before signing: Ensure that every part of your statement is true and accurately represents your recounting of the events or information you are providing.
4. Initial any corrections or changes: If there are any mistakes or amendments needed, make sure to initial beside each change to acknowledge that the correction was made intentionally.

Things You Shouldn't Do

1. Do not leave any fields blank: If a section of the form does not apply to you, fill it with “N/A” (not applicable) rather than leaving it empty to confirm that you didn't overlook the field.
2. Avoid using unclear or ambiguous language: Be as specific and clear as possible in your descriptions to prevent any misunderstandings or misinterpretations of your statement.
3. Do not rush through the form: Take your time to ensure that every piece of information you provide is accurate and that you fully understand the implications of your statement.
4. Avoid signing the form before it’s complete: Ensure that your statement and all pertinent information are fully recorded and that you've reviewed all parts before signing to affirm its truthfulness.

Understanding the DA Form 2823, the Sworn Statement, is critical for military personnel and others involved in U.S. Army investigations. However, there are several misconceptions about this form that need clarification:

• It's only for criminal cases: While the DA Form 2823 is indeed used to document potential criminal activity, it's also used for non-criminal investigations within the Army to maintain discipline and order.

• Completing the form is mandatory: Disclosure of information, including your Social Security Number (SSN), on the DA Form 2823 is voluntary. Failure to provide information, however, might impact the investigation's outcome.

• Only the person making the statement needs to sign: Both the individual making the statement and the person administering the oath must sign the form, validating the statement's accuracy and administration.

• Any Army official can administer the oath: The form must be signed by a person authorized by law to administer oaths, ensuring its legality and the statement's credibility.

• The form is only used within the U.S. Army: While the primary purpose is for Army investigations, the information can be disclosed to federal, state, local, and foreign law enforcement, among others, for wider use in various disciplinary and legal actions.

• Once submitted, the form cannot be changed: Modifications to the statement are allowed before final submission, provided the person making the statement initials all corrections and acknowledges them as part of their testimony.

• The information provided has limited uses: On the contrary, information collected on the DA Form 2823 may be used for a wide array of decisions regarding judicial or non-judicial punishment, security clearances, and other personnel actions beyond the initial investigation.

Clearing up these misconceptions is vital for ensuring that those involved in using or completing the DA Form 2823 fully understand their rights and the form's implications.

Filling out and using the DA Form 2823, also known as the Sworn Statement, requires attention to detail and an understanding of its significance. Here are key takeaways to consider:

• Authority and Purpose: The DA Form 2823 operates under the authority of Title 10 and Title 5 of the United States Code, along with Executive Order 9397, mainly involving the use of Social Security Numbers. Its principal purpose is to document potential criminal activity associated with the U.S. Army and facilitate the maintenance of discipline, law, and order through the investigation of complaints and incidents.
• Voluntary Disclosure: While the form requests detailed information, including your Social Security Number (SSN), providing this information is voluntary. However, the completeness and accuracy of the information can significantly impact the investigation or administrative action that may follow.
• Routine Uses: Information collected on the form can be shared with a variety of entities, including but not limited to, federal, state, local, and foreign law enforcement agencies, courts, child protective services, and the Department of Veterans Affairs. This wide range of access underscores the importance of the information provided.
• Construction: The DA Form 2823 consists of three main pages which must be filled out carefully. Any additional pages used must mirror the heading of the original form and include the initials of the individual making the statement, along with the page number, ensuring continuity and integrity of the statement.
• Statement Integrity: Before finalizing the statement, the individual making it must confirm the accuracy and truthfulness of the information provided. This includes initiating corrections, initializing each page, and ultimately, signing the affidavit section to attest to the understanding and voluntariness of the statement.
• Legal Attestation: The form culminates with a legal attestation, witnessed and sworn before an authorized individual. This step is crucial, as it officially endorses the validity of the statement and the circumstances under which it was made, including acknowledging that it was made without coercion, unlawful influence, or promise of benefit.

Understanding these key aspects of the DA Form 2823 can help individuals navigate the process of documenting information relevant to Army investigations, ensuring that the process is conducted with fidelity to regulations and the law.