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DA Form 2823 Sworn Statement
What Is DA Form 2823?
DA Form 2823, Sworn Statement , is a U.S. Army-issued form used for documenting informal events or recording evidence during formal investigations. Evidence recorded on the DA 2823 is accepted by all non-military law enforcement agencies.
The form - sometimes confused with DD Form 2823, Command Authorization for Search and Seizure - was last revised by the U.S. Department of the Army (DA) on November 1, 2006 . An up-to-date version of the DA Form 2823 is available for download down below or can be found on the Army Publishing Directorate (APD) website.
Who Can Use DA Form 2823?
In case of a formal investigation, witnesses may use the form as long as they are assisted by an investigating officer or board. This is a crucial measure necessary to ensure that the witness doesn't put any unnecessary information into their written statement or forget any significant circumstances or facts. Most informal investigations require an officer responsible for holding interviews and keeping track of evidence.
How to Correctly Fill Out DA Form 2823?
- Boxes 1 through 4 provide space for entering the general information crucial to the course of the investigation: the location, date, time, and file number. All information must be entered in accordance with Army regulations.
- Boxes 5, 6, 7, and 8 are used to identify the individual giving the sworn statement. After providing their name, social security number, rank, and contact information, the individual must sign their name in Box 9 swearing under oath that all information given on the form is true.
- The evidence is then printed or handwritten in the space provided in Box 9 by the swearing party or by a third party taking the statement. Copies of the second page of the DA 2823 can be used as continuation sheets for Box 9.
Who Can Sign DA Form 2823?
Personnel signing the form must be authorized by local policy. The person signing the form must be on orders if signing the report for the commander. In all other cases, the report may be signed by designated individuals striking out the "For the Commander" line.
Does DA Form 2823 Need a Witness?
According to the instructions provided with the regulations that cover the DA 2823, the witnesses must be present during the statement and are obliged to sign off the affidavit on the second page of the form along with the swearing individual.
Who Has the Authority to Administer Oaths on DA Form 2823?
Oaths may be administered by active-duty personnel or personnel performing inactive-duty training including:
- Judge advocates and all summary courts-martial;
- Navy, Marine Corps, and Coast Guard commanding officers;
- All adjutants, assistant adjutants, acting adjutants, and personnel adjutants;
- All staff judge advocates and acting or assistant staff judge advocates or all staff legal officers and acting or assistant staff legal officers;
- Other personnel designated by regulations of the armed forces or by statute.
The following people may administer oaths necessary in the performance of their duties:
- The president, military judge, trial counsel, and assistant trial counsel for all general and special courts-martial.
- The president and the counsel for the court of any court of inquiry.
- Officers designated to take a deposition or detailed to conduct an investigation.
- All recruiting officers.
- Other personnel designated by regulations of the armed forces or by statute.
Section 459 of Title 28 provides each judge and senior judge of the United States Court of Appeals with powers relating to oaths, acknowledgments, and affirmations.
Download DA Form 2823 Sworn Statement
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