Disclaimer: The training developer extracted this material from the Military Police School TSP listed above. The material is for use by Military Police in training and refers to investigations and the like.
However, the material does provide the basis for completing the DA Form 2823. The text remains as found in the document; only the formatting changed.
The foundation of every case handled by the Military Police is DA 2823 (Sworn Statement). You must know how to effectively complete the proper forms and record accurate information. Failure to perform these duties properly will severely hamper the effectiveness of the Military Police investigation.
Only black ink is authorized for use with this form.
Sworn Statement Heading
(1) In the location block, enter the post and state in which the form is being filled out. Do not enter specifics such as a building number or MP station.
(2) For the date block, enter the DOD date that the statement is being written on.
NOTE: DOD dates are written as four-digit Year, two-digit Month, and two-digit Date (YYYYMMDD).
(3) The time block will be completed when the statement is signed.
(4) Leave the file number blank.
(5) Next, enter last name, first name, full middle name (in that order) of the person making the statement (interviewee). If the person has no middle name, then write “NMN.” If the person has only a middle initial, write the initial and place (IO) for initial only.
(6) Enter the social security number of the person making the statement.
(7) Enter the grade or status of the person making the statement (for example, E-3, O-3, or GS-05 or
"Civ" (if there are no military affiliations). To enter status, for example, enter Regular Army (RA), Reserve (USAR), or Inactive Ready Reserve-Army (IRR-Army).
(8) For the organization or address, enter the complete military address including post, state, and zip code, or APO/FPO of person making the statement. If a civilian other than a government employee is making the statement, enter the interviewee's address including city, state, zip code, or APO/FPO.
Use military address for civilians employed by the government.
Sworn Statement Body
(1) Print or type the first name, middle name, and last name of the person making the statement in the space provided in the line, “I _______________want to make the following statement under oath.”
(2) Enter the interviewee’s statement:
(a) Either the interviewer or the interviewee can complete this part.
(b) It may be written, printed, or typed.
(c) Make sure the statement is written from border to border on the form.
(d) The statement may be written as a narrative, as a series of questions with the interviewee's answer, or as a combination of both of these methods.
(e) Ensure the body of the statement contains information about who, what, where, when, why, and how. Ensure the statement is sequential.
1) Include the time and date of specific acts and the methods used to complete the crime.
2) Include information to identify suspects, accomplices, witnesses, and persons knowing of the crime; to account for stolen property and instruments used in the crime; and to tie the evidence to the victims and/or to the suspect.
3) If any of these pieces of information are missing, then you must ask questions.
(g) Be sure the statement is written from border to border on the form. Continue on the second page of the form if there is not enough space on the first page.
(h) The last question asked is, “Do you have anything you wish to add concerning the matter under investigation?” If stated, “no”, continue with (i) below.
(i) When the body of the statement (to including any questions and their answers) is completed, add the words, END OF STATEMENT, (in caps). Place three slashes (///) prior to the word;
END and immediately following the word, STATEMENT to completely close the statement out.
Sworn Statement Exhibit (1) Exhibit block. (Leave blank, used for court proceedings)
(2) The “Initials of Person Making Statement” block and the page 1 of ___ pages block will be completed later.
(3) Page____of ____ Pages block. Leave this block blank until the interviewee has completed the statement.
(4) If a continuation sheet is used:
(a) Enter person’s first name, middle name or middle initial, and last name.
(b) Fill out the “Taken At (Time)” block and “Dated” block later.
(c) Complete the initials and page numbers later.
Sworn Statement Affidavit
(1) Complete the last page of the statement heading as in paragraph 1c (h) 1 and 2.
(2) Enter the total number of pages used to complete the statement. Page 1 of 2 Pages indicates that the 1st and last page (affidavit section) was completed. If the continuation page were used, it would appear as; 1st Page: 1 of 2 pages, 2nd page (continuation): Page 2 of 3 Pages, and the last page (affidavit section) Page 3 of 3 Pages. There will never be fewer than two pages in the statement.
(3) In the affidavit section, enter the interviewee's first name, middle name or middle initial, and last name, printed or typed, in that order on the line after "I". On the second line enter the total number of pages used to complete the statement. There will never be fewer than two pages in the statement and the last page will never contain the number"1". The statement does not end until it has been sworn to or affirmed and signed.
(4) Have the person review the statement and correct any errors. Let the person read the affidavit or read it to him. If a mistake is found after the statement is completed, line the word out (single line), write the correction above the mistake, and then have the person initial it.
NOTE: Correction fluid or any form of eraser will not be used.
Person making the statement signs his payroll signature after affirming the oath.
SWORN STATEMENT
For use of this form, see AR 190-45; the proponent agency is PMG.
PRIVACY ACT STAEMENT
AUTHROITY: 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 the 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 STAEMENT UNDER OATH:
10. EXHIBIT 11. INITIALS OF PERSON MAKING STAEMENT
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.
DA FORM 2823, NOV 2006 DA FORM 2823, DEC 1998, IS OBSOLETE APD V1.00
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
DA FORM 2823, NOV 2006 APD V1.00
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) WITNESSES:
_____________________________________________________
_____________________________________________________
_____________________________________________________
ORAGNIZATION OR ADDRESS
_____________________________________________________
_____________________________________________________
_____________________________________________________
ORGANIZATION OR ADDRESS
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)
INITIALS OF PERSON MAKING STATEMENT
PAGE OF PAGES
DA FORM 2823, NOV 2006 APD V1.00