Free Da 2823 PDF Template

Below are frequently asked questions about the DA Form 2823, often referred to as the Sworn Statement form used within the U.S. Army to document potential criminal activities and maintain military discipline.

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

The DA Form 2823 serves a critical function in the administration of justice and discipline within the U.S. Army. Its primary purpose is to formally document statements related to potential criminal activities or incidents that may impact military discipline, law, and order. This form is an essential tool for Army officials to investigate complaints and incidents effectively.

2. Who is authorized to administer oaths on the DA Form 2823?

The signing and administration of oaths on the DA Form 2823 must be conducted by an individual who is legally authorized to administer oaths. This includes military officers and other personnel designated with this authority. The process ensures that the statement is officially sworn and carries legal weight.

3. What information is required when filling out the DA Form 2823?

Completion of the DA Form 2823 requires several pieces of information:

• Location, date, and time the statement is made
• Personal information of the individual making the statement, including name, Social Security Number (SSN), grade or status, and unit
• A detailed account of the statement itself, clearly documented under oath
• Initials of the person making the statement on each page to signify accuracy and acknowledgment
4. Is disclosure of my Social Security Number (SSN) mandatory on the DA Form 2823?

While providing your SSN on the DA Form 2823 is requested under the Privacy Act Statement for identification purposes, it is stated that disclosure is voluntary. However, providing it can facilitate easier record-keeping and ensure the accurate processing of the statement within military and legal systems.

5. Can DA Form 2823 be used outside of the Army?

While the DA Form 2823 is designed for use within the U.S. Army to document statements related to military discipline and law enforcement, the information gathered can be shared with various agencies as noted in its routine uses. This includes federal, state, local, and foreign law enforcement, judicial entities, and other relevant personnel actions outside the Army. However, its primary application and use are within Army contexts.

6. What happens after a DA Form 2823 is submitted?

Once a DA Form 2823 is completed and duly signed, it becomes a formal record of the statement provided. It can be used in various ways, including as evidence in criminal investigations, judicial or non-judicial punishments, and other administrative disciplinary actions. The form's details may also be disclosed to other law enforcement or government agencies as necessary, following the routine uses stipulated in the document itself.

1. Failing to use the correct format for dates and times: The DA Form 2823 specifies that dates should be in the YYYYMMDD format, and times should be noted clearly. People often make the mistake of writing dates in other formats or not specifying AM or PM for times, which can lead to confusion and discrepancies in the documentation of events.

2. Not initialing at the bottom of each page: For the statement to be considered valid, the person making the statement must initial at the bottom of each page. This affirms that they have reviewed the contents up to that point and agree with them. Omitting these initials can call into question the completeness and integrity of the statement.

3. Omitting or incorrectly filling out personal information: Sections such as SSN, Grade/Status, and Organization or Address are critical. Skimming over these sections or entering incorrect information can lead to issues in identifying the individual making the statement or in the follow-up process.

4. Forgetting to include all corrections and initialing them: When changes are made to the statement after the initial writing, these modifications need to be initialed by the person making the statement. This oversight could potentially render the statement questionable, as it's important to clearly denote any alterations made to the original text.

5. Improper completion of the affidavit section: The affidavit section requires the person making the statement to acknowledge that they have read or had the statement read to them, and that they understand and agree with its contents. They must also sign the document in the presence of a witness who can administer oaths. Missing any of these steps may compromise the document's validity.

Common to all these mistakes is a fundamental issue: failure to adhere to the form's requirements can significantly impact the validity of the statement and its usefulness in an investigation. Careful attention to detail is paramount when filling out the DA Form 2823 to ensure that the document accurately and effectively serves its purpose in supporting Army officials to maintain discipline, law, and order.

The DA Form 2823, often utilized for documenting sworn statements related to potential criminal activities within the U.S. Army, functions within a broader ecosystem of forms and documents that support legal and administrative actions. These accompanying forms each play a unique role, contributing to the thorough investigation, reporting, and decision-making processes necessary for maintaining discipline and ensuring justice within military operations. Let's explore some of these crucial documents that are commonly used alongside the DA Form 2823.

• DA Form 4856: This form is used for developmental counseling sessions. It documents discussions, plans for improvement, and outlines the responsibilities of both the counselor and the individual being counseled. Its relevance often ties back to incidents that may have led to the need for a sworn statement.
• DA Form 31: Request and Authority for Leave. This document is essential for processing leave requests, but can become relevant in investigations to track movements or locations of personnel at specific times.
• DD Form 214: Certificate of Release or Discharge from Active Duty. This document summarizes a service member's career and can be used in conjunction with sworn statements to corroborate service records or conditions of discharge.
• DA Form 5960: Authorization to Start, Stop, or Change Basic Allowance for Quarters (BAQ), and/or Variable Housing Allowance (VHA). Changes in living situations or allowances might be relevant in some investigations, making this form necessary for review.
• DA Form 638: Recommendation for Award. This form recommends individuals for awards and decorations. Insights from sworn statements can sometimes influence decisions regarding commendations or disciplinary actions.
• DA Form 5500: Body Fat Content Worksheet (Male) and DA Form 5501: Body Fat Content Worksheet (Female). Fitness and body composition can be factors in certain investigations, providing context or corroborating eyewitness accounts.
• DA Form 4187: Personnel Action. This form covers a wide range of personnel actions, from duty assignments to reassignments or special requests. It can be particularly relevant in the aftermath of an incident necessitating a DA Form 2823.
• DD Form 93: Record of Emergency Data. While inherently a personal information sheet, this form can sometimes play a role in investigations, particularly if familial or beneficiary information is pertinent to the case at hand.

Each of these documents serves as a piece in the complex puzzle of military administrative and legal processes. When used alongside the DA Form 2823, they create a comprehensive approach to handling incidents, ensuring that all necessary details are accounted for and that personnel are treated fairly and judiciously. It's the interplay of these forms that supports the overarching goals of transparency, accountability, and justice within the military.

• The Affidavit is a document similar to the DA Form 2823 because both serve as written declarations made under oath. The primary connection is their legal acceptance to document statements or facts confirmed by the oath of the party making the declaration, which is essential in various legal processes. While the DA Form 2823 is specifically designed for use within the U.S. Army to document incidents or complaints, affidavits are used more broadly in civilian legal matters ranging from court proceedings to financial transactions.

• The Incident Report Form shares similarities with the DA Form 2823 in its function to document specific details about events or situations. An Incident Report Form is typically utilized within organizations or institutions to report occurrences that might require further investigation or action, such as workplace accidents, security breaches, or policy violations. Like the DA Form 2823, it captures essential information like the date, time, location, and names of individuals involved, thereby facilitating a structured approach to incident documentation and response.

• A Witness Statement Form is akin to the DA Form 2823 as it involves the collection of statements from individuals who have witnessed an event or have information relevant to an investigation or legal process. Both documents are crucial in gathering factual accounts to support the resolution of disputes, investigations, or legal proceedings. The Witness Statement Form, similar to the DA Form 2823, often requires the witness's personal details, account of the event, and a declaration that the information provided is true to the best of their knowledge.

• The Police Report has similarities with the DA Form 2823 in its objective to officially document the details of criminal cases or incidents that law enforcement agencies handle. Both forms play a critical role in the investigation process by recording the incident's particulars, including statements from victims, witnesses, and suspects. The detailed documentation in a Police Report, akin to the DA Form 2823, helps in legal proceedings, determining the course of justice, and maintaining public safety and order.

• The Deposition shares common features with the DA Form 2823, as both are formal written statements provided by witnesses or parties involved in legal proceedings, usually taken under oath. The main purpose of both documents is to record someone’s testimony to be used as evidence in an investigation or trial. Depositions, like the DA Form 2823, are critical in the discovery process and can influence the direction and outcome of legal cases by detailing the deponent's knowledge or observations related to the matter at hand.

When filling out the DA 2823 form, which is used for documenting sworn statements in the context of potential criminal activity involving the U.S. Army, there are essential dos and don'ts to follow:

• Review the entire form before starting to ensure understanding of all requirements.
• Use black or blue ink for clarity and legibility.
• Fill out every section completely to avoid leaving gaps. If a section does not apply, mark it as "N/A" (not applicable).
• Ensure accuracy of all personal information, including the correct spelling of names and accurate Social Security Numbers (SSN).
• Write clearly and concisely when detailing the statement to prevent misunderstanding.
• Initial any changes or corrections to acknowledge and authenticate them.
• Read or have the statement read back to confirm accuracy before signing.
• Sign and date the form in the designated areas to certify the statement.
• Include any additional pages if needed, following the format for continuation pages.
• Ensure the presence of a witness when signing, if required, for additional verification.

• Rush through filling out the form without understanding the instructions properly.
• Use pencil or non-permanent writing instruments that can be easily altered.
• Leave blanks in sections that require a response; ensure everything is filled out or marked "N/A".
• Include false statements or information, as this can result in criminal charges or other disciplinary actions.
• Sign the form without fully understanding every part of your statement.
• Forget to initial corrections and the bottom of each page containing the statement.
• Overlook the need for a second witness's signature when applicable.
• Dismiss the importance of the accuracy of dates, times, and locations mentioned in the statement.
• Use informal language or jargon that could lead to confusion or misinterpretation of the statement.
• Fail to review the completed form for completeness and legibility before submission.

The DA Form 2823, often utilized for documenting sworn statements in the U.S. Army, is subject to a range of misconceptions that can dilute its perceived integrity and application. Understanding these misconceptions is crucial for accurate interpretation and application of this form in legal and administrative proceedings.

• Misconception 1: The sole purpose of the DA Form 2823 is for documenting criminal activity. While it's primarily used to document potential criminal activity involving the U.S. Army, it's also employed in various administrative and disciplinary actions, not all of which are criminal in nature.

• Misconception 2: Personal information disclosure is mandatory. The form states that the disclosure of a Social Security Number (SSN) and other personal information is voluntary, not mandatory. However, the completeness of information can impact the investigation or administrative action.

• Misconception 3: Statements made on the DA Form 2823 are only shared with military personnel. In reality, these statements can be disclosed to a broad spectrum of entities including federal, state, local, and foreign law enforcement agencies, prosecutorial bodies, courts, and child protective services, among others.

• Misconception 4: The form is final and cannot be amended. Affiants have the opportunity to make corrections or addendums to their statements. This includes initialing any changes and acknowledging these adjustments at the end of the form.

• Misconception 5: A witness is not required for the form to be valid. Contrary to this belief, the form requires the signature of a person authorized by law to administer oaths, serving as a witness to the swearing of the statement.

• Misconception 6: The form is only applicable within the jurisdiction of the United States. The DA Form 2823 can be used to document statements from personnel or relevant individuals anywhere in the world, as long as it pertains to an investigation or administrative matter within the U.S. Army's scope of interest.

Correcting these misconceptions is essential for fostering a greater understanding of the DA Form 2823’s versatility and scope, ensuring it is utilized effectively and ethically in both the disciplinary and administrative capacities within the U.S. Army.

The DA Form 2823, Sworn Statement, is a document used by the U.S. Army to officially record the statements of individuals, often regarding potential criminal activities or incidents requiring investigation. Understanding how to accurately complete and utilize this form is critical for those involved in military investigations or legal procedures. Below are key takeaways concerning the filling out and usage of the DA Form 2823.

• The authority for collecting information via the DA Form 2823 is based on Title 10, USC Section 301; Title 5, USC Section 2951; and Executive Order 9397 concerning Social Security Numbers (SSN).
• The primary purpose of the DA Form 2823 is to document potential criminal activity and maintain discipline, law, and order within the Army through the investigation of complaints and incidents.
• Information provided on the DA Form 2823 can be disclosed to a variety of entities, including federal, state, local, and foreign government law enforcement agencies, courts, child protective services, and others for various official uses.
• The form serves multiple uses, including assisting in determinations regarding disciplinary actions, security clearances, recruitment, and other personnel actions.
• Disclosure of your SSN and other personal information on the form is voluntary. However, omitting information may impact the utility of the document during investigations or personnel actions.
• The form requires details such as location, date, time, file number, and personal details of the person making the statement.
• Any exhibits or evidence attached to the statement must be referenced within the document.
• Initialing corrections and each page containing part of the statement ensures the accuracy and affirmation of the information provided by the individual making the statement.
• The affidavit at the end of the form must be read or read aloud to the person making the statement, confirming they understand and attest to the truthfulness of the information provided across all pages of the document.
• The statement must be made freely without coercion, threat of punishment, or any form of inducement, ensuring the integrity of the testimony.
• The form culminates with the signature of the person making the statement and an official oath administered by a person authorized by law, along with their signature and organizational details.

Correctly completing the DA Form 2823 ensures the reliability and legality of the statements recorded, facilitating the Army's ability to conduct thorough investigations and take appropriate actions. It reflects the commitment of military personnel to uphold standards of honesty and accountability, even in challenging situations.