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The DA 2823 form, often referred to as the Sworn Statement form, plays a crucial role in documenting potential criminal activity within the U.S. Army. Designed to uphold discipline and law enforcement, this form allows Army officials to investigate complaints and incidents effectively. It is grounded in legal authority, specifically Title 10 and Title 5 of the United States Code, which govern the collection and use of personal information, including Social Security Numbers (SSNs). The primary purpose of the DA 2823 is to gather sworn statements from individuals, ensuring that their accounts are recorded accurately and can be utilized in various legal and administrative contexts. This may include actions related to judicial or non-judicial punishment, security clearances, and personnel management. Importantly, while disclosure of personal information is voluntary, the form outlines how the information may be shared with various government entities, including law enforcement and child protective services. Understanding the structure and implications of the DA 2823 is essential for those involved in military operations, as it not only aids in maintaining order but also protects the rights of individuals providing statements.

Key takeaways

When filling out and using the DA 2823 form, consider the following key takeaways:

  • Purpose of the Form: The DA 2823 form is used to document potential criminal activity involving the U.S. Army, ensuring that Army officials can maintain discipline and order.
  • Voluntary Disclosure: Providing your Social Security Number (SSN) and other personal information is voluntary, though it may be necessary for certain investigations.
  • Accurate Information: Ensure that all details, including location, date, time, and personal identifiers, are accurately filled out to avoid delays in processing your statement.
  • Initials Required: Each page of the statement must bear your initials, along with the page number, to confirm that you have reviewed and approved the content.
  • Affidavit Section: The affidavit at the end of the form requires your signature, confirming that you understand the statement and have made it freely and without coercion.
  • Additional Pages: If more space is needed, additional pages can be used, but they must include the heading "STATEMENT OF TAKEN AT DATED" and follow the same initialing requirements.

Documents used along the form

The DA Form 2823, known as the Sworn Statement, is often accompanied by several other forms and documents that facilitate the documentation and investigation of incidents involving the U.S. Army. Each of these documents serves a specific purpose in the overall process of maintaining discipline and law enforcement within the military. Below are four commonly used forms that may accompany the DA Form 2823.

  • DA Form 15-6: This form is utilized for conducting an investigation into allegations of misconduct or incidents. It provides a structured approach to gather facts and evidence, which can support findings and recommendations.
  • DA Form 4949: The Military Police Report, or DA Form 4949, is used to document incidents involving criminal activity. It includes details such as the nature of the offense, involved parties, and actions taken by law enforcement personnel.
  • Operating Agreement form: A foundational document used by Limited Liability Companies (LLCs) to outline internal operations and financial decisions, ensuring clarity among members; for more information, visit Formaid Org.
  • DA Form 2807-1: This form, known as the Report of Medical History, is often necessary for personnel undergoing investigations that may involve health-related issues. It collects information about the individual’s medical background, which can be pertinent to the case.
  • DA Form 3822: The Report of Investigation, DA Form 3822, is used to summarize findings from investigations. It presents a comprehensive overview of the investigation's results, including witness statements and evidence collected.

These forms, when used in conjunction with the DA Form 2823, help ensure that investigations are thorough, documented accurately, and that all relevant information is considered in decision-making processes. Timely completion and submission of these documents are crucial for maintaining order and accountability within the Army.

Dos and Don'ts

Filling out the DA 2823 form correctly is crucial for ensuring that your statement is accepted and processed efficiently. Here are some essential do's and don'ts to keep in mind:

  • Do provide accurate information. Ensure that all details, such as your name, date, and location, are correct.
  • Do read the instructions carefully. Familiarize yourself with the form's requirements before you start filling it out.
  • Do initial each page. This confirms that you acknowledge the content on every page of your statement.
  • Do keep your statement clear and concise. Stick to the facts and avoid unnecessary embellishments.
  • Don't leave any required fields blank. Incomplete forms can delay the processing of your statement.
  • Don't sign the form until you are ready to submit it. Your signature indicates that you understand and agree with the content of your statement.

By following these guidelines, you can help ensure that your experience with the DA 2823 form is smooth and effective. Proper preparation and attention to detail can make a significant difference in the outcome of your statement.

Common mistakes

Filling out the DA 2823 form can be a straightforward process, but many individuals make common mistakes that can complicate their submissions. Understanding these pitfalls can help ensure that the form is completed accurately and effectively.

One frequent error is failing to provide complete information in the location section. This section is crucial as it sets the context for the statement. Omitting details such as the specific address or location can lead to confusion during investigations.

Another mistake involves the date entry. Some individuals may not follow the required format of YYYYMMDD, which can result in misinterpretation of the timeline of events. Ensuring the date is accurate and in the correct format is vital for clarity.

Many people overlook the importance of including the time of the incident. Providing a specific time can significantly aid investigators in understanding the sequence of events. Without this information, the statement may lack the necessary detail for a thorough examination.

Errors in the name section are also common. Individuals sometimes forget to include their middle name or may misspell their last name. This can lead to complications in identifying the person making the statement, which is essential for legal documentation.

Another area of concern is the inclusion of the Social Security Number (SSN). Some individuals either fail to provide their SSN or include incorrect numbers. While disclosing the SSN is voluntary, providing accurate information can help in verifying identity and ensuring proper handling of the statement.

In the grade/status section, individuals may mistakenly leave this blank or enter incorrect information. This detail is important for categorizing the individual’s position within the military structure and can affect the handling of the statement.

When it comes to the organization or address field, individuals sometimes provide outdated or incorrect information. Accurate contact details are necessary for follow-up and further communication regarding the statement.

Another common mistake is neglecting to initial corrections made on the form. If any changes are made, it is crucial to initial each correction to ensure that the final statement reflects the most accurate information. Failing to do so can raise questions about the validity of the statement.

Finally, many individuals forget to sign the statement and have it witnessed. The signature confirms that the individual understands the contents of the statement and that it was made freely. Not having a witness can undermine the credibility of the statement in legal proceedings.

By being aware of these common mistakes, individuals can take the necessary steps to complete the DA 2823 form accurately. This attention to detail not only aids in the integrity of the statement but also supports the overall investigative process.

File Characteristics

Fact Name Description
Form Title The form is titled "DA 2823" and is a sworn statement used by the U.S. Army.
Governing Regulations This form is governed by AR 190-45, which outlines the procedures for reporting potential criminal activity.
Privacy Act Statement Authority for collecting information includes Title 10, USC Section 301 and Title 5, USC Section 2951.
Principal Purpose The form documents potential criminal activity and assists Army officials in maintaining discipline.
Routine Uses Information may be shared with various law enforcement agencies and used for personnel actions.
Disclosure Information Providing your Social Security Number and other details is voluntary, but may be necessary for processing.
Required Information Key fields include location, date, time, file number, name, SSN, grade/status, and organization.
Signature Requirement The individual making the statement must sign and initial corrections, confirming understanding of the statement.

Form Sample

 

 

 

 

 

 

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

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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.

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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

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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

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