DA Form 2823 Sworn Statement

What Is a 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 the DD Form 2823, Command Authorization for Search and Seizure - was last revised by the Department of the Army (DA) in November 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 the 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.

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SWORN STATEMENT
For use of this form, see AR 190-45; the proponent agency is PMG.
PRIVACY ACT STATEMENT
Title 10, USC Section 301; Title 5, USC Section 2951; E.O. 9397 Social Security Number (SSN).
AUTHORITY:
To document potential criminal activity involving the U.S. Army, and to allow Army officials to maintain discipline,
PRINCIPAL PURPOSE:
law and order through investigation of complaints and incidents.
Information provided may be further disclosed to federal, state, local, and foreign government law enforcement
ROUTINE USES:
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 of your SSN and other information is voluntary.
DISCLOSURE:
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
PAGES
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.
PREVIOUS EDITIONS ARE OBSOLETE
DA FORM 2823, NOV 2006
APD LC v1.01ES
SWORN STATEMENT
For use of this form, see AR 190-45; the proponent agency is PMG.
PRIVACY ACT STATEMENT
Title 10, USC Section 301; Title 5, USC Section 2951; E.O. 9397 Social Security Number (SSN).
AUTHORITY:
To document potential criminal activity involving the U.S. Army, and to allow Army officials to maintain discipline,
PRINCIPAL PURPOSE:
law and order through investigation of complaints and incidents.
Information provided may be further disclosed to federal, state, local, and foreign government law enforcement
ROUTINE USES:
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 of your SSN and other information is voluntary.
DISCLOSURE:
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
PAGES
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.
PREVIOUS EDITIONS ARE OBSOLETE
DA FORM 2823, NOV 2006
APD LC v1.01ES
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
OF
PAGES
APD LC v1.01ES
DA FORM 2823, NOV 2006
STATEMENT OF
TAKEN AT
DATED
9. STATEMENT
(Continued)
AFFIDAVIT
I,
, HAVE READ OR HAVE HAD READ TO ME THIS STATEMENT
WHICH BEGINS ON PAGE 1, AND ENDS ON PAGE
. 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)
Subscribed and sworn to before me, a person authorized by law to
WITNESSES:
administer oaths, this
day of
,
at
ORGANIZATION OR ADDRESS
(Signature of Person Administering Oath)
(Typed Name of Person Administering Oath)
ORGANIZATION OR ADDRESS
(Authority To Administer Oaths)
INITIALS OF PERSON MAKING STATEMENT
PAGE
OF
PAGES
APD LC v1.01ES
DA FORM 2823, NOV 2006

Download DA Form 2823 Sworn Statement

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How to Correctly Fill Out a Da Form 2823?

  1. 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.
  2. 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.
  3. 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 a 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 a 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.

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