Free Da 2823 PDF Form

How to Fill Out Da 2823

Filling out the DA Form 2823, a Sworn Statement, necessitates thoroughness and precision. This document is pivotal for documenting potential criminal activity within the U.S. Army and is instrumental in maintaining discipline, law, and order through the investigation of complaints and incidents. Here is a step-by-step guide to complete the form accurately.

1. Location: Enter the physical location where the statement is being made.
2. Date: Fill in the current date in the format YYYYMMDD.
3. Time: Specify the time when the statement is being made.
4. File Number: Input the relevant file number associated with the statement.
5. Last Name, First Name, Middle Name: Clearly print the full name of the person making the statement.
6. SSN: Voluntarily provide the Social Security Number of the person making the statement.
7. Grade/Status: Indicate the rank or status of the individual within the organization.
8. Organization or Address: Write down the organization name or address affiliated with the person making the statement.
9. Statement Introduction: Begin with "I, [insert name], WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH:" and then proceed to enunciate your statement clearly and comprehensively.
10. Exhibit: If there are any additional documents or exhibits, list them here.
11. Initials of Person Making Statement: Initial here to confirm the authenticity of the page.

For statements that exceed one page, ensure each additional page contains the heading "STATEMENT OF [NAME] TAKEN AT [LOCATION] DATED [DATE]." At the bottom of every additional page, the person making the statement must initial and indicate the page number. Upon completing the statement:

• Review the entire document to ensure accuracy.
• Initial beside any corrections made throughout the document.
• On the final page, reaffirm understanding and truthfulness of the statement by reading the affidavit, then sign and date in the presence of a person authorized to administer oaths.
• The authorized person will then sign, date, and provide their title along with their organization or address.

This detailed process ensures that the Sworn Statement is filled out thoroughly, reflecting the situation accurately and legally. The implications of this form are significant, guiding subsequent actions and investigations within the U.S. Army's jurisdiction.

What is a DA Form 2823?

A DA Form 2823 is a United States Army document used to record sworn statements or testimonies during investigations. It serves as a formal documentation method that helps in the investigation process, primarily focusing on incidents or complaints that involve potential criminal activity within the U.S. Army. The form assists Army officials in maintaining discipline, law, and order by offering a structured approach to recording and reviewing statements.

Who is authorized to administer oath on a DA Form 2823?

The oath on a DA Form 2823 can be administered by any individual who is legally authorized by law to administer oaths. This typically includes military officers with the specific vested authority to take sworn statements, legal officers, and certain civilian officials. The individual administering the oath must ensure that the statement is willingly given and must sign the document, attesting to the administration of the oath.

Why is it necessary to provide Social Security Number (SSN) on the DA Form 2823?

Providing the Social Security Number (SSN) on the DA Form 2823 is part of the Privacy Act Statement and helps in accurately identifying the individual making the statement. This identification process ensures that the records are accurate and can be referred to in future proceedings, whether they be legal or administrative. While the disclosure of SSN is stated as voluntary, it assists in the seamless processing and filing of documentation within military and associated civilian record-keeping systems.

Can additions be made to a DA Form 2823 after the initial statement is completed?

Yes, additional information can be added to a DA Form 2823 after the initial statement is completed, but it must be done in a structured manner. Any additional pages must contain the heading "Statement of [Name] Taken at [Location] Dated [Date]". The individual making the statement must initial the bottom of each added page to verify the authenticity and continuity of the statement. The final affidavit page restates the individual's acknowledgement of the truthfulness and voluntariness of the entire statement, including any additions.

What happens if errors are made while filling out the DA Form 2823?

If errors are made while completing the DA Form 2823, the individual making the statement is allowed to make corrections before finalizing the document. Any corrections should be initialed by the person making the statement to indicate their acknowledgment and approval of these changes. This step ensures that the recorded statement remains both accurate and reliable for future reference.

Is the DA Form 2823 confidential?

The contents of a DA Form 2823 may be considered confidential depending on the nature of the investigation and the individuals involved. However, the Privacy Act Statement specifies that the information provided can be disclosed to various entities for legal proceedings, law enforcement purposes, and administrative actions. The confidentiality of the form thus varies and is subject to applicable laws and regulations governing the protection of personal information and the requirements of ongoing investigations.

What are the consequences of providing false information on a DA Form 2823?

Providing false information on a DA Form 2823 is a serious offense and can have severe consequences. Since the statement is given under oath, knowingly providing false information can lead to charges of perjury among other potential legal penalties. Such actions undermine the integrity of the investigation process and the administration of justice within the military framework, thereby attracting stringent disciplinary and legal action.

When filling out the DA Form 2823, also known as the Sworn Statement, individuals often encounter pitfalls that can impact the validity and efficacy of the document. This form is vital in documenting potential criminal activity within the U.S. Army, assisting in maintaining discipline, law, and order through the investigation process. Here are ten common mistakes to avoid:

1. Not using the correct form version: The DA Form 2823 was last revised in November 2006. Using an outdated version might result in the submission being rejected or not properly processed.

2. Omitting the location and date: The form requires the specific location where the statement is taken and the correct date format (YYYYMMDD). Failure to provide accurate details can result in processing delays.

3. Incomplete personal information: Providing partial information regarding name, SSN, grade/status, and organization or address can make it difficult for officials to identify the individual making the statement or to follow up on the statement.

4. Leaving the statement blank: The core section, "I, ___ , WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH," must be filled out comprehensively. A blank or vaguely filled statement section diminishes the credibility and utility of the form.

5. Failure to initial corrections and pages: The person making the statement must initial all corrections. Additionally, initials must be provided at the bottom of each page. This ensures authenticity and ownership of the content.

6. Adding unauthorized content to the form: Inserting information not requested by the form or modifying existing sections can lead to the statement being questioned or deemed non-compliant.

7. Incorrect or absent witness and oath administrator information: Witnesses play a critical role in validating the statement. The absence of witness signatures or incorrect details regarding the person administering the oath can void the document.

8. Overlooking the affidavit section: The affidavit reaffirms that the individual has reviewed the statement, understood it, and provided it freely. Ignoring this section undermines the declaration's legitimacy.

9. Not using additional pages correctly: If more space is needed, additional pages must be used with the proper heading "STATEMENT OF ___ TAKEN AT ___ DATED ___," and must include all required initials and page numbers.

10. Submitting the form without a final review: Skipping a thorough review before submission can result in overlooked errors or omissions that could have legal ramifications.

By steering clear of these common mistakes, individuals can ensure their DA Form 2823 is accurately completed, thereby supporting the effective documentation and investigation of incidents requiring attention within the U.S. Army framework.

When handling situations that involve formal documentation of incidents or personnel actions, especially within the context of the U.S. Army, various forms and documents may be required alongside the DA Form 2823, Sworn Statement. Each form serves a unique purpose, contributing to a comprehensive handling of the matter at hand.

• DA Form 4187: Personnel Action form. This document is used for a wide range of personnel actions including requests for reassignment, extra rations, name changes, and other personal administrative requests.
• DD Form 93: Record of Emergency Data. It is critical for soldiers to keep this form updated as it contains emergency contact information and beneficiary designations for military benefits.
• DA Form 31: Request and Authority for Leave. Used by military personnel to request leave from their post, including vacation, emergency, or medical leave.
• DA Form 4856: Developmental Counseling Form. This document is used to record formal counseling sessions between leaders and their subordinates, covering both professional growth and corrective actions.
• DA Form 705: Army Physical Fitness Test Scorecard. Used to record the physical fitness test results, which is a required component of a soldier's military record.
• DA Form 638: Recommendation for Award. This form is used to recommend soldiers for awards and decorations based on their service, achievements, or bravery.
• DA Form 5500/5501: Body Fat Content Worksheet (Male/Female). When a soldier does not meet the Army's physical fitness standards, this form is used to record body fat measurements.
• DA Form 1594: Daily Staff Journal or Duty Officer's Log. This form is used for recording the daily activities, instructions, and significant occurrences at a military unit or post.

Together, these documents support the administrative and operational processes within the military, ensuring that personal actions, awards, and other significant events are properly documented and actionable. They complement the DA Form 2823 by offering a broader context and record-keeping mechanism for personnel management and accountability.

The DA 2823 form, known as the "Sworn Statement" form, plays a critical role in documenting potential criminal activity within the U.S. Army. It's designed to facilitate investigations by providing a structured way to record testimony and observations. There are several other forms and documents, both within the military and civilian sectors, that serve similar purposes. Here’s a look at 10 documents that are similar to the DA 2823 form and how they compare:

• Affidavit: An affidavit is a written statement set out under oath or affirmation, used as evidence in court. Similar to the DA 2823 form, it collects an individual's account of facts in a formal, sworn statement.
• Incident Report Forms: Used by law enforcement and organizations to document the details of an incident. Like the DA 2823, these forms often include information on the location, date, and descriptions from individuals involved or who witnessed the incident.
• Witness Statement Forms: These forms are used in legal settings to gather accounts from witnesses. They bear a close resemblance to the DA 2823 in that they require witnesses to provide a detailed account of what they saw or experienced.
• Victim Impact Statements: Utilized in the criminal justice system to describe the emotional, physical, and financial effects of a crime on the victim. While these are more focused on the impacts rather than the incident itself, they are similar to the DA 2823 in facilitating documentation for legal and disciplinary actions.
• Police Statements: Written or recorded accounts given to the police by victims, witnesses, or suspects. These statements are similar to the DA 2823 as they document individuals' accounts to aid in investigations.
• Depositions: Taken during the discovery phase of a lawsuit, depositions involve witnesses providing sworn, out-of-court oral testimonies. This process mirrors the DA 2823's objective to gather accurate statements under oath.
• Military Personnel Records: These documents track the career and disciplinary records of military personnel. They share the DA 2823’s goal of documenting disciplinary actions and other significant incidents that could affect individuals' military careers.
• Job Application Forms: Though not used for disciplinary or legal actions, job applications gather personal and professional information from candidates, similarly requiring honest and accurate self-reporting.
• Security Clearance Forms: Forms like the SF-86 are used to collect personal information for background checks for security clearances. They require truthful reporting of personal history, aligning with the DA 2823’s emphasis on accurate and honest statements.
• Complaint Forms: Used by organizations to document complaints from customers or employees. Similar to the DA 2823, these forms provide a structured way to report and record issues requiring investigation or resolution.

Although these documents are utilized in various fields for different purposes, they all share the DA 2823 form's fundamental objective: to accurately and formally document statements, events, or personal histories. This documentation is crucial for legal proceedings, investigations, and personal records.

When filling out the DA Form 2823, it's important to follow specific guidelines to ensure the process is completed accurately and effectively. Here is a list of dos and don’ts:

Do:

1. Read the Privacy Act Statement carefully to understand the authority and purpose behind the form, along with how the provided information might be used.
2. Ensure all information is accurate and true to the best of your knowledge, including personal identifiers and the statement details.
3. Initial all corrections made to the form to verify their authenticity, thereby maintaining the document's integrity.
4. Sign and date the form in the presence of an authorized person to administer oaths, to validate the sworn statement.

Don't:

• Leave any required fields blank. If certain information is unknown or not applicable, note that clearly on the form.
• Submit the form without checking for completeness and accuracy. Review all entries carefully before finalizing.
• Forget to initial each page and all corrections. This oversight could bring the statement's validity into question.
• Use unauthorized individuals to witness or administer the oath. This action could invalidate the entire statement.

There are several misconceptions surrounding the use of DA Form 2823, the Sworn Statement used by the U.S. Army. Understanding these misconceptions is essential for accurate and lawful documentation of statements regarding potential criminal activities or incidents needing investigation.

• Misconception 1: Voluntary Disclosure Means Optional Participation

Although the form states that disclosing your Social Security Number (SSN) and other information is voluntary, this does not mean participation is optional if directed by a commanding officer or military investigator. The purpose is to ensure privacy but comply when required for official investigations.

• Misconception 2: Sworn Statements Are Only for Incriminating Evidence

The sworn statement can document any relevant information, not just incriminating evidence. It's a vital tool for recording witness accounts, providing leads, or clarifying details that might support or refute potential criminal activity or procedural violations.

• Misconception 3: The DA Form 2823 Can Only Be Used by the Military

While primarily intended for use within the Army, the information gathered can be disclosed to a wide range of entities, including federal, state, local, and foreign law enforcement agencies, courts, and child protective services. This wide applicability highlights its utility beyond just military disciplinary actions.

• Misconception 4: Completion of the Form Guarantees Action

Submitting a DA Form 2823 does not automatically result in judicial or non-judicial punishment. It is a step in the investigative process, meant to gather accurate data. Subsequent actions are determined by analyzing the statement in conjunction with other evidence and within the framework of military law and protocols.

Understanding these aspects of DA Form 2823 is crucial for all participants in the documentation process to ensure that statements are accurately utilized and that all personnel involved are aware of their rights and responsibilities.

When handling the DA Form 2823, understanding its purpose and the correct way to complete it is crucial. This document is used primarily within the U.S. Army to record sworn statements related to potential criminal activities and other significant incidents. Here are several key takeaways to consider:

• The DA Form 2823 is a tool for documenting potential criminal activity and maintaining discipline, law, and order in the U.S. Army through investigative processes.
• The form requires the disclosure of personal information, including Social Security Number (SSN), which is voluntary but important for identification purposes and the investigation’s integrity.
• It allows for the documentation of the individual's statement under oath, ensuring that the information provided is truthful and accurate to the best of their knowledge.
• Information from the form may be disclosed to various agencies, including federal, state, local, and foreign government law enforcement, for further action or investigation.
• Completing the form accurately and thoroughly is essential, as it may influence judicial or non-judicial punishment, administrative disciplinary actions, and other personnel decisions.
• All additions or corrections made to the statement must be initialed by the person making the statement, ensuring the document remains a true and accurate record of their testimony.
• The statement must be concluded with an affidavit, signed by the person making the statement in the presence of an authorized individual who can administer oaths, to validate its authenticity and the sincerity of the statement given.

Understanding these key aspects will help ensure that the DA Form 2823 is filled out correctly and serves its intended purpose in the investigative process efficiently and effectively.