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The DA 2823 form, also known as the Sworn Statement, serves a critical role in documenting potential criminal activity involving the U.S. Army. Designed to facilitate the maintenance of discipline and law enforcement within military ranks, this form is utilized by Army officials to investigate complaints and incidents effectively. The form is governed by Army Regulation 190-45, with its authority rooted in various legal statutes, including Title 10 and Title 5 of the United States Code. Privacy considerations are paramount, as the form includes a Privacy Act Statement, ensuring that personal information, such as Social Security Numbers, is handled with care. The information collected may be shared with a variety of entities, including federal and state law enforcement agencies, prosecutors, and courts, to assist in matters ranging from judicial punishment to personnel actions. The structure of the form allows individuals to provide detailed accounts of incidents, with specific sections for location, date, and personal identification. Notably, the statement must be sworn under oath, affirming the truthfulness of the provided information. Each page of the statement requires initials to verify its authenticity, underscoring the importance of accuracy and integrity in the reporting process. Overall, the DA 2823 form is an essential tool for ensuring accountability and transparency within the military justice system.

Dos and Don'ts

When filling out the DA 2823 form, it’s important to be careful and thorough. Here’s a list of things you should and shouldn’t do:

  • Do read the entire form carefully before starting.
  • Do provide accurate and truthful information.
  • Do use clear handwriting or type your responses.
  • Do sign and date the form at the end.
  • Don't leave any required fields blank.
  • Don't rush through the process; take your time to ensure everything is correct.
  • Don't forget to initial any corrections you make on the form.

Key takeaways

Filling out the DA 2823 form is an important step in documenting a statement under oath regarding potential criminal activity involving the U.S. Army. Here are some key takeaways to keep in mind:

  • Understand the Purpose: The form is designed to document incidents and complaints, helping maintain discipline and law enforcement within the Army.
  • Privacy Matters: Your personal information, including your Social Security Number (SSN), is collected under specific legal authorities. This information is treated with care and confidentiality.
  • Voluntary Disclosure: Providing your SSN and other details is voluntary. You can choose whether or not to disclose this information.
  • Accurate Information: Ensure that all details you provide, such as location, date, and time, are accurate. Inaccurate information could hinder investigations.
  • Signature Requirement: Your signature on the form indicates that you have read and understood the statement, confirming its truthfulness.
  • Initial Corrections: If you make any corrections, initial them. This shows that you acknowledge the changes made to your statement.
  • Witnesses: The form requires witnesses to the signing of your statement. Their signatures add credibility to your account.
  • Multiple Pages: If additional pages are needed, each must include the heading "STATEMENT OF TAKEN AT" and your initials at the bottom.
  • Filing Procedures: Follow the proper filing procedures to ensure that your statement is submitted correctly and reaches the appropriate authorities.
  • Seek Guidance: If you have questions about filling out the form or the implications of your statement, consider seeking guidance from a legal advisor.

Filling out the DA 2823 form may seem daunting, but understanding these key points can help you navigate the process with confidence. Your statement plays a crucial role in upholding the integrity of the Army and ensuring justice is served.

Guide to Writing Da 2823

Completing the DA 2823 form is an important step in documenting a sworn statement. This form is used to report potential criminal activity involving the U.S. Army. It’s essential to provide accurate information, as it will be used for investigations and maintaining order. Follow these steps carefully to ensure that your form is filled out correctly.

  1. Start with the Location: Write the location where the statement is being made.
  2. Date: Enter the date in the format YYYYMMDD.
  3. Time: Fill in the time when the statement is taken.
  4. File Number: If applicable, provide the file number related to the incident.
  5. Name: Write your last name, first name, and middle name.
  6. Social Security Number: Enter your SSN, but remember that this is voluntary.
  7. Grade/Status: Indicate your military grade or status.
  8. Organization or Address: Fill in your organization or address.
  9. Statement: In the section that begins with "I, [Your Name], WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:", write your statement clearly and concisely.
  10. Exhibit: If you have any exhibits to attach, mention them here.
  11. Initials: Provide your initials at the bottom of the statement.

If additional pages are needed, ensure they have the heading "STATEMENT OF TAKEN AT" and include the date. Each page must also have your initials and the page number indicated. After completing all pages, sign the affidavit section to confirm that you understand the statement and that it is true. Make sure a person authorized to administer oaths witnesses your signature.

Frequently Asked Questions

  1. What is the purpose of the DA 2823 form?

    The DA 2823 form is used to document potential criminal activity involving the U.S. Army. It allows Army officials to maintain discipline and law and order by facilitating the investigation of complaints and incidents.

  2. Who should use the DA 2823 form?

    This form is intended for individuals who need to make a sworn statement regarding an incident or complaint related to the U.S. Army. This could include soldiers, civilians, or anyone involved in an event that requires documentation.

  3. What information is required on the DA 2823 form?

    The form requires various details such as:

    • Location of the incident
    • Date and time
    • File number
    • Name and Social Security Number (SSN) of the individual making the statement
    • Grade or status and organization or address
  4. Is providing my Social Security Number mandatory?

    Providing your SSN is voluntary. However, it may help in processing your statement and ensuring proper documentation.

  5. What happens to the information I provide?

    The information you provide may be disclosed to various entities, including law enforcement agencies and courts. It can also be used for determining disciplinary actions, security clearances, and other personnel decisions.

  6. How should I complete the statement section of the form?

    In the statement section, clearly and accurately describe the events or information you wish to report. Ensure that you initial any corrections and follow the instructions regarding additional pages.

  7. What is the significance of the affidavit section?

    The affidavit section confirms that you have read your statement and understand its contents. It also affirms that your statement is true and was made freely, without coercion.

  8. Who can administer the oath for the statement?

    The oath can be administered by a person authorized by law, such as a notary public or an officer in the Army who has the authority to administer oaths.

  9. What should I do if I need more space for my statement?

    If you require additional space, you may use extra pages. Each additional page must include the heading "STATEMENT OF TAKEN AT" and your initials at the bottom, along with the page number.

Similar forms

The DA Form 7279, also known as the "Incident Report," is similar to the DA 2823 in that it documents incidents involving military personnel. This form captures details about the event, including the date, time, location, and individuals involved. Like the DA 2823, it serves as a tool for maintaining discipline and order within the Army. The information collected can be used for investigations and to determine appropriate actions based on the findings.

The "Statement of Witness" form is another document that shares similarities with the DA 2823. This form allows witnesses to provide their accounts of an incident under oath. Both forms require a sworn statement and aim to gather factual information to support investigations. The witness's signature confirms the accuracy of the statement, similar to the affidavit section found in the DA 2823.

The "Affidavit" serves as a legal document where an individual makes a sworn statement of facts. Like the DA 2823, it requires the affiant to affirm the truthfulness of their statement before a notary or other authorized official. Both documents are used in legal contexts to provide credible evidence and can be referenced in court proceedings or investigations.

The "Complaint Form" is another comparable document. This form allows individuals to formally report issues or grievances, often related to misconduct or policy violations. Similar to the DA 2823, it collects essential information about the incident and the parties involved. Both forms are crucial for initiating investigations and addressing concerns within the military framework.

The New Jersey ATV Bill of Sale form is a document used to record the transfer of ownership of an all-terrain vehicle (ATV) from seller to buyer in the state of New Jersey. It serves as a legal record of the transaction, ensuring that all the details regarding the sale are documented accurately. This form is essential for both parties for registration, tax, and legal purposes, and for those looking to create one, resources can be found at NJ PDF Forms.

The "Witness Statement" form also mirrors the DA 2823 by allowing individuals to document their observations of an event. This form is often used in conjunction with other investigative documents to provide a comprehensive view of the incident. Both require the witness to affirm the accuracy of their account, ensuring that the information can be relied upon during investigations and potential legal actions.

Documents used along the form

The DA Form 2823, also known as the Sworn Statement, is an essential document in the U.S. Army used to record statements regarding potential criminal activity. It plays a crucial role in maintaining discipline and law enforcement within the military. Alongside this form, several other documents are often utilized to support investigations or formal proceedings. Here’s a list of some of those documents, each serving a specific purpose.

  • DA Form 4856: This is the Developmental Counseling Form, used by leaders to document counseling sessions with soldiers. It helps in tracking progress, addressing issues, and providing feedback on performance.
  • DA Form 15-6: This form is used for conducting investigations within the Army. It outlines the procedures and findings of an investigation and is often accompanied by witness statements and evidence.
  • Maryland Power of Attorney Form: To enable effective decision-making on your behalf, utilize the necessary Power of Attorney resources for proper legal documentation.
  • DA Form 2807-1: This is the Application for Evaluation for the Army Medical Department. It is used to assess a soldier’s medical history and fitness for duty, particularly in cases where health issues may impact performance or behavior.
  • DA Form 2-1: The Personnel Qualification Record, this document provides a comprehensive overview of a soldier’s qualifications, assignments, and training history, which can be relevant in investigations.
  • DA Form 2028: This is the Recommended Changes to Publications form. It allows personnel to suggest changes or updates to Army publications, ensuring that all documents remain current and relevant.
  • DA Form 7266: This form is used to document the results of an investigation, particularly when it leads to a recommendation for disciplinary action or further inquiry.
  • DD Form 214: The Certificate of Release or Discharge from Active Duty, this document summarizes a service member's military service and can be crucial for understanding their background in investigations.
  • DA Form 7500: This is the Crime Report form, used to formally document incidents of criminal activity within the Army, providing a structured way to report and analyze such occurrences.
  • DA Form 3986: Known as the Military Police Report, this form is utilized by military police to document incidents and investigations, serving as a critical piece of evidence in legal matters.

Each of these documents plays a vital role in the Army's legal and investigative processes. They work together with the DA Form 2823 to ensure that all relevant information is collected, documented, and utilized appropriately. Understanding these forms can help service members navigate the complexities of military law and maintain accountability within the ranks.

Misconceptions

The DA Form 2823 is a sworn statement used primarily by the U.S. Army to document potential criminal activity. However, there are several misconceptions surrounding this form that can lead to confusion. Below is a list of common misunderstandings:

  • It is only for criminal cases. Many believe the DA Form 2823 is exclusively for documenting criminal activity. In reality, it can also be used for administrative purposes, such as maintaining discipline and order within the Army.
  • Filling it out is mandatory. Some individuals think they must complete the form if asked. However, providing information is voluntary, and individuals can choose not to disclose their Social Security Number or other details.
  • It can be completed by anyone. There is a misconception that anyone can fill out this form. In fact, it should be completed by individuals who have firsthand knowledge of the events being reported.
  • All statements are confidential. While the information is treated with care, it may be shared with various law enforcement agencies and other entities as needed. This means that confidentiality is not absolute.
  • It is only used in the Army. Some people think the DA Form 2823 is limited to Army use. However, it can also be relevant in cases involving other branches of the military or federal law enforcement agencies.
  • Corrections cannot be made. There is a belief that once the form is completed, no changes can be made. In fact, individuals can initial any corrections they wish to make, ensuring that the statement accurately reflects their account.
  • Witnesses are not required. Some may think that a witness is unnecessary for the statement to be valid. However, having a witness can lend credibility to the statement and is often encouraged.
  • The form is not legally binding. Many assume that because it is a statement, it holds no legal weight. In reality, the DA Form 2823 is a sworn statement, meaning it can be used in legal proceedings and may carry penalties for false statements.

Understanding these misconceptions can help individuals navigate the process more effectively and ensure that they provide accurate and relevant information when needed.