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The DA 2823 form serves a critical role in documenting potential criminal activity within the U.S. Army. This sworn statement form is designed to facilitate the investigation of complaints and incidents, thereby helping Army officials maintain discipline and law and order. It is governed by Army Regulation 190-45, and its use is supported by various legal authorities, including Title 10 and Title 5 of the United States Code. When filling out the form, individuals are required to provide specific details such as their name, Social Security Number, organization, and the particulars of the statement they wish to make. The information collected can be shared with multiple entities, including law enforcement agencies and courts, to assist in various administrative and legal processes. While the disclosure of personal information, including the Social Security Number, is voluntary, it is essential for the thoroughness of the investigation. The form also includes a section for an affidavit, where the individual confirms their understanding of the statement's contents and asserts that it was made freely and without coercion. This ensures that the integrity of the statement is upheld, making the DA 2823 an important tool in the Army's efforts to address and resolve issues of misconduct.

Dos and Don'ts

When filling out the DA 2823 form, it’s important to follow specific guidelines to ensure accuracy and compliance. Here’s a list of things you should and shouldn’t do:

  • Do provide accurate and complete information in all fields.
  • Do write clearly and legibly to avoid misinterpretation.
  • Do initial any corrections you make on the form.
  • Do include your Social Security Number (SSN) if required.
  • Don’t leave any mandatory fields blank.
  • Don’t include unnecessary personal information that is not relevant to the statement.
  • Don’t rush through the form; take your time to ensure all information is accurate.
  • Don’t forget to sign and date the form at the end of your statement.

Document Attributes

Fact Name Details
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 and incidents.
Privacy Act Statement This form is governed by Title 10, USC Section 301; Title 5, USC Section 2951; and E.O. 9397. It requires disclosure of personal information, including Social Security Numbers.
Disclosure of Information Information provided on this form may be shared with various law enforcement agencies and organizations. This includes federal, state, and local agencies, as well as courts and child protective services.
Voluntary Disclosure While providing your Social Security Number and other information is requested, it is completely voluntary. You can choose whether or not to disclose this information.

Key takeaways

When filling out and utilizing the DA Form 2823, also known as the Sworn Statement form, there are several important points to consider. Understanding these key aspects can significantly enhance the effectiveness of your statement and ensure compliance with regulations.

  • Purpose of the Form: The DA Form 2823 is designed to document potential criminal activity involving the U.S. Army. This documentation aids in maintaining discipline and law enforcement within the military.
  • Privacy Considerations: Providing personal information, including your Social Security Number (SSN), is voluntary. However, this information may be shared with various law enforcement agencies and used for administrative actions.
  • Completeness and Accuracy: It is crucial to fill out the form completely and accurately. Each section, from location to the statement itself, must be clear to avoid misunderstandings during investigations.
  • Affidavit Section: Before signing, ensure you understand the entire statement. You must initial any corrections and indicate your agreement with the content. This step confirms that your statement is made freely and without coercion.

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Example - 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

Detailed Instructions for Writing Da 2823

Completing the DA 2823 form is an important step in documenting a sworn statement. This form is utilized by individuals who wish to provide a formal account of events or incidents that may involve the U.S. Army. To ensure that your statement is recorded accurately and effectively, follow these steps carefully.

  1. Location: Enter the location where the statement is being taken.
  2. Date: Fill in the date using the format YYYYMMDD.
  3. Time: Indicate the time when the statement is being made.
  4. File Number: Provide the relevant file number if applicable.
  5. Name: Write your last name, first name, and middle name.
  6. Social Security Number: Enter your SSN. Remember, this is voluntary.
  7. Grade/Status: Indicate your military grade or status.
  8. Organization or Address: Fill in your organization or current address.
  9. Statement: In the designated area, state clearly what you want to communicate under oath. Make sure to be concise and truthful.
  10. Exhibit: If you have any supporting documents, reference them here.
  11. Initials: Sign your initials at the bottom of the form, confirming your statement.

If you need additional pages, ensure that each page includes the heading "STATEMENT OF TAKEN AT" along with the date. Each additional page should also have your initials and the page number noted. After completing the form, review it to confirm all information is accurate and legible. This helps maintain the integrity of your statement.

Documents used along the form

The DA Form 2823, also known as the Sworn Statement form, is a crucial document used by the U.S. Army to capture statements regarding potential criminal activity. Alongside this form, several other documents may be utilized to ensure a comprehensive approach to investigations and record-keeping. Below is a list of commonly used forms and documents that complement the DA Form 2823.

  • DA Form 2627: This is the Record of Proceedings Under Article 15, UCMJ. It documents non-judicial punishment actions taken against service members for minor offenses, allowing for a fair process and record of disciplinary actions.
  • DA Form 3881: Known as the Rights Warning Procedure/Waiver Certificate, this form is used to inform individuals of their rights before any questioning. It ensures that service members are aware of their rights, particularly regarding self-incrimination.
  • DA Form 1594: The Daily Staff Journal or Duty Log captures daily activities and significant events within a unit. This log provides a chronological record that can be referenced during investigations or audits.
  • DA Form 2404: This is the Equipment Inspection and Maintenance Worksheet. While primarily used for equipment, it can also provide context in cases where equipment failure may relate to an incident being investigated.
  • California Articles of Incorporation Form: To establish a corporation in California, you can utilize the detailed California Articles of Incorporation form guide to ensure compliance with legal requirements.
  • DA Form 1: The Morning Report is used to report daily personnel status and other significant events. It helps maintain accurate records of personnel availability and can be useful in investigations involving personnel actions.
  • DA Form 4856: The Developmental Counseling Form is utilized for documenting counseling sessions between leaders and soldiers. It serves as a record of discussions regarding performance, behavior, and any necessary corrective actions.

These documents work in tandem with the DA Form 2823 to create a thorough and organized approach to documenting incidents and maintaining accountability within the Army. Properly utilizing these forms can significantly enhance the effectiveness of investigations and administrative processes.