The DA Form 2823 is a sworn statement used primarily by the U.S. Army to document potential criminal activity. This form helps Army officials maintain discipline and order by facilitating the investigation of complaints and incidents. It is important for those involved to understand the purpose and implications of providing information on this form.
The DA Form 2823, also known as the Sworn Statement form, plays a crucial role in documenting potential criminal activities related to the U.S. Army. This form is essential for maintaining discipline and law enforcement within military ranks. It allows individuals to provide statements under oath, ensuring that the information is recorded accurately and can be used for investigations into complaints and incidents. The form collects various details, such as the location, date, time, and personal information of the individual making the statement, including their Social Security Number (SSN). While the disclosure of personal information is voluntary, it is important to understand that the information may be shared with various law enforcement agencies and used for administrative actions, including disciplinary measures and personnel decisions. The DA Form 2823 emphasizes the importance of truthfulness, requiring individuals to affirm that their statements are made freely and without coercion. This document not only serves legal purposes but also reinforces accountability and integrity within the Army community.
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. The information collected helps in various administrative actions, including disciplinary measures and personnel evaluations.
Who can access the information provided in the DA 2823 form?
Information submitted on the DA 2823 form may be disclosed to various entities, including federal, state, local, and foreign law enforcement agencies. It can also be shared with prosecutors, courts, child protective services, and the Department of Veterans Affairs, among others. The purpose of these disclosures is to assist in investigations and legal proceedings related to the reported incidents.
Is providing my Social Security Number (SSN) mandatory on the DA 2823 form?
Disclosure of your SSN and other personal information on the DA 2823 form is voluntary. However, providing this information can assist in the accurate processing of your statement and may be important for any follow-up actions related to the investigation.
What should I include in my statement on the DA 2823 form?
Your statement should clearly outline the details of the incident you are reporting. This includes the location, date, and time of the event, as well as your observations and any relevant facts. Be sure to initial any corrections you make and to sign the affidavit at the end, confirming that you understand the contents of your statement.
What happens after I submit the DA 2823 form?
Once you submit the DA 2823 form, the information will be reviewed by authorized personnel. It may lead to further investigation or administrative action based on the details provided. The process aims to ensure accountability and uphold the integrity of the Army's operations.
Here are key takeaways regarding the DA 2823 form, which is used for sworn statements within the U.S. Army:
Understanding the DA Form 2823 can be challenging, and there are several misconceptions that often arise. Here’s a breakdown of six common misunderstandings about this important document:
By clearing up these misconceptions, individuals can better understand the purpose and process associated with the DA Form 2823. This understanding can lead to more effective communication and reporting within the Army community.
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
AFFIDAVIT
, 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
.
(Signature of Person Administering Oath)
(Typed Name of Person Administering Oath)
(Authority To Administer Oaths)
Page 3 of 3
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Incomplete Personal Information: One of the most common mistakes is failing to provide complete personal details. This includes not filling in the last name, first name, middle name, and Social Security Number (SSN). Omitting any of this information can delay the processing of the statement.
Incorrect Date Format: The form requires the date to be entered in the format YYYYMMDD. Many individuals mistakenly use different formats, such as MM/DD/YYYY or DD/MM/YYYY, which can lead to confusion and potential rejection of the form.
Missing Initials on Additional Pages: If additional pages are used, it is essential to include the initials of the person making the statement at the bottom of each page. Forgetting to do this can render the additional pages invalid.
Failure to Sign: Individuals often neglect to sign the statement. A signature is crucial as it verifies that the person making the statement has read and understood the contents. Without a signature, the statement may not be considered valid.
Not Initialing Corrections: If any corrections are made to the statement, the individual must initial those changes. Failing to do so can raise questions about the authenticity of the statement and may lead to complications during investigations.
Ignoring Witness Requirements: The form requires that the statement be subscribed and sworn before an authorized person. Some individuals forget to include the necessary witness signatures, which can affect the legal standing of the statement.
When filling out the DA 2823 form, it is important to follow certain guidelines to ensure accuracy and compliance. Below is a list of things you should and shouldn’t do.
The DA Form 2823, known as the Sworn Statement, shares similarities with an Affidavit. Both documents serve as written declarations made under oath, affirming the truth of the statements contained within. An affidavit is often used in legal proceedings to provide evidence or support claims. Like the DA Form 2823, it requires the signature of the person making the statement and may need to be notarized or witnessed to ensure its authenticity. The primary purpose of both documents is to create a formal record that can be used in court or other legal contexts.
Another document comparable to the DA Form 2823 is the Witness Statement. This type of statement is typically used to capture the account of individuals who have witnessed an event or incident. Similar to the DA Form 2823, a Witness Statement records specific details, including the date, time, and circumstances surrounding the event. Both documents aim to gather factual information that can assist in investigations or legal proceedings, ensuring that the accounts are documented accurately and can be referenced later.
The Incident Report is another document that aligns with the DA Form 2823. Incident Reports are used by law enforcement and military personnel to document occurrences that require official attention. Like the DA Form 2823, these reports include essential details such as the location, date, and involved parties. Both documents are critical in maintaining records for disciplinary actions, investigations, or legal purposes, providing a structured format for presenting facts surrounding incidents.
Similar to the DA Form 2823 is the Statement of Facts. This document outlines the factual background of a situation, often in a more narrative format. While the DA Form 2823 is a sworn statement, a Statement of Facts may not always require an oath. However, both documents aim to present a clear and concise account of events, helping to establish a basis for further investigation or legal action.
The Declaration is another document that shares characteristics with the DA Form 2823. A declaration is a written statement that declares something to be true, often used in legal contexts. Like the DA Form 2823, it may be signed under penalty of perjury, emphasizing the importance of truthfulness in the information provided. Both documents serve as formal assertions of facts that can be utilized in various legal proceedings.
The Complaint Form is also comparable to the DA Form 2823. A Complaint Form is used to formally report grievances or issues, often initiating an investigation or legal process. Both forms require detailed information about the incident or issue at hand, including the identities of those involved and the nature of the complaint. They serve as official records that can lead to further action or resolution.
In the realm of financial agreements, understanding the necessary documentation is vital. One important form to consider is the Promissory Note, which serves as a formal pledge by the borrower to repay the lender according to specified terms. This document ensures clarity and accountability for both parties involved, making it a crucial tool in any lending scenario.
Another document that resembles the DA Form 2823 is the Testimony Statement. This document records an individual’s account of events, often in preparation for a court appearance. Like the DA Form 2823, a Testimony Statement is intended to provide a clear and factual recounting of events. Both documents are critical in legal settings, where accurate testimony can influence the outcome of a case.
Finally, the Police Report can be seen as similar to the DA Form 2823. Police Reports are generated by law enforcement to document crimes or incidents. Like the DA Form 2823, they include vital information such as the time, location, and details of the incident. Both documents are essential for maintaining law and order, serving as official records that can be referenced in legal proceedings or investigations.