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Sworn Statement (DA2823)

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  1. Sworn Statement (DA2823)

  2. Prepare a DA Form 2823 (Sworn Statement) ACTION: Given a requirement to conduct an interview, and blank Department of the Army (DA) Forms 2823 (Sworn Statement). CONDITIONS: DA Form 2823 must be complete, concise, and with corrected errors. STANDARDS:

  3. ADMINISTRATIVE INFORMATION SAFETY REQUIREMENTS: No Major Considerations RISK ASSESSMENT LEVEL: Low ENVIRONMENTAL CONSIDERATIONS: No Major Considerations

  4. CAN I USE A PENCIL TO WRITE A SWORN STATEMENT? I WITNESSED A MURDER NO! Only black ink is authorized.

  5. ONLY STATEMENTS WILL BE ACCEPTED IN THE FOLLOWING FORMATS: TYPED, WRITTEN OR PRINTED • The DA Form 2823 is the permanent record of testimony.

  6. SWORN STATEMENT For use of this form, see AR 190-45; the proponent agency is ODCSOPS LOCATION DATE TIME FILE NUMBER LAST NAME, FIRST NAME, MIDDLE NAME SOCIAL SECURITY NUMBER GRADE/STATUS ORGANIZATION OR ADDRESS Personal Data

  7. Personal Data PRIVACY ACT STATEMENT AUTHORITY: Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22,1943 (SSN). PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information is accurately recorded. ROUTINE USES: Your social security number is used as an additional/alternate means of identification to facilitate filing and retrieval. DISCLOSURE: Disclosure of your social security number is voluntary. THESE TWO BLOCKS WILL BE COMPLETED WHEN THE AFFIDAVIT IS SWORN TO DATE TIME FILE NUMBER LOCATION Ft Leonard Wood, MO LEAVE BLANK SOCIAL SECURITY NUMBER GRADE/STATUS LAST NAME, FIRST NAME, MIDDLE NAME 123-45-6789 E-2/RA SNUFFY, Joe Momma ORGANIZATION OR ADDRESS Company A, 43d AG BN, Ft Leonard Wood, MO 65473

  8. I, ______________________ , WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH: Body of Statement continued...

  9. I, ______________________ , WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH: Body of Statement First Name, Middle Initial and Last Name Joe M. Snuffy On the Legal Statements the questions are provided, just make sure the soldier fully answers all questions or puts unknown. Any other statement must include the 5 “W” in the narrative. Also ask pertinent questions after narrative.

  10. STATEMENTS MUST ANSWER THE FOLLOWING: THE FIVE W’s OF THE CRIME WHO? WHY? WHAT? WHEN? WHERE? AND H HOW?

  11. I, ______________________ , WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH: Always ask this question when closing the statement out. Joe M. Snuffy Q. Do you have anything else you may want to add concerning this matter under investigation? A. No.///END OF STATEMENT///-------------------------------------- CLOSE STATEMENT ALWAYS THREE SLASHES (///) BEFORE THE WORD “END” OF STATEMENT AND THREE SLASHES(///) AFTER THE WORD “STATEMENT” continued...

  12. I, ______________________ , WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH: WHAT'S WRONG WITH THIS STATEMENT? Joe M. Snuffy Q. What is your room number and building number where the larceny occurred? SPACE IN BETWEEN SENTENCES Room number 15 of building 2401. A. OPEN SPACE BETWEEN QUESTIONS AND ANSWERS STATEMENT NOT CLOSED OUT BORDER TO BORDER

  13. Body of Statement (continued) • Either you or the individual completes. • Written, printed, or typed from border to border. • Narrative, question/answer format, or combination. • Contains who, what, where, when, why, and how. • Contains all elements of proof. • “Do you have anything you wish to add concerning the matter under investigation?” • //End of Statement//

  14. PAGE 1 OF ___ PAGES INITIALS OF PERSON MAKING STATEMENT EXHIBIT ADDITIONAL PAGES MUST CONTAIN THE HEADING “STATEMENT OF ________ TAKEN AT _____ DATED_____ CONTINUED.” 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, DEC 1998 Exhibit LEAVE BLANK FOR NOW LEAVE BLANK FOR COURT PURPOSES DISREGARD THIS STATEMENT! DA Form 2823, JUL 72, IS OBSOLETE

  15. Continuation Page THIS PAGE IS ONLY USED IF THE INTERVIEWEE COMPLETES THE FIRST PAGE AND NEEDS ADDITIONAL PAGES (MORE THAN 2 PAGES.)

  16. Last Page (2nd Page of Statement)

  17. Heading of Last Page LEAVE BLANK FOR NOW Joe M. Snuffy CONTINUATION OF STATEMENT (IF NEEDED) LEAVE BLANK OTHERWISE

  18. BEFORE THE INTERVIEWEE SIGNS THE SWORN STATEMENT HAVE THAT INDIVIDUAL READ HIS OR HER STATEMENT AND CORRECT ANY ERRORS BY LINING (SINGLE LINE) THROUGH THE ERROR. THE CORRECTION WILL BE MADE ABOVE THE ERROR AND THAT PERSON WILL INITIAL THE CORRECTION. NOT YOU FREEMAN JMS PVT FREMAN

  19. I, ______________________ , WANT TO MAKE THE FOLLOWING STATEMENT UNDER OATH: REQUIRED INITIALS Joe M. Snuffy Q. What is your room number and building number where the larceny occurred? 2601 JMS A. Room number 15 of building 2401. Q. Do you have anything else you may want to add concerning this matter under investigation? A. No.///END OF STATEMENT/// JMS

  20. INITIALS OF PERSON MAKING STATEMENT PAGE __ OF __ PAGES DA FORM 2823, DEC 1998 PAGE NUMBER ALL PAGES 1 2 THIS IS THE FIRST PAGE OF THE STATEMENT NEVER WILL YOU HAVE PAGE 1 OF 1 PAGES

  21. INITIALS OF PERSON MAKING STATEMENT PAGE __ OF __ PAGES DA FORM 2823, DEC 1998 INITIAL ALL PAGES 1 2 JMS THIS IS THE FIRST PAGE OF THE STATEMENT

  22. Joe M. Snuffy 2 HAVE THE PERSON READ THE AFFIDAVIT OR READ THE AFFIDAVIT OUTLOUD TO THE INDIVIDUAL • JMS 2 2

  23. ADMINISTER THE OATH "Do you swear or affirm that the information given by you in this statement is true and correct to the best of your knowledge, so help you God." (So help you God may be omitted)

  24. Joe M. Snuffy 2 DATE-COMPLETE MONTH SPELLED OUT 23rd February 2002 POST AND STATE Fort Leonard Wood, Missouri John Q. Somebody, SGT ARTICLE AUTHORIZING YOU TO ADMINISTER THE OATH TO MILITARY PERSONNEL SUBJECT TO THE UCMJ ART 136 (b) (4) UCMJ AMP 2 2

  25. Joe M. Snuffy 2 Joe Momma Snuffy Soldier’s Full Payroll Signature 23rd 2002 JANUARY Fort Leonard Wood, Missouri YOUR SIGNATURE John Q. Somebody, SGT ART 136 (b) (4) UCMJ JMS 2 2

  26. NOTE! IMMEDIATELY AFTER THE PERSON MAKING THE STATEMENT, SIGNS THE STATEMENT, GO TO THE FIRST PAGE TO COMPLETE THE DATE AND TIME BLOCK. THE DATE BLOCK WILL ALWAYS BE A FOUR DIGIT YEAR (YYYY), TWO DIGIT MONTH (MM), AND TWO DIGIT DAY (DD). (EXAMPLE: 2002/06/13) THE TIME BLOCK WILL ALWAYS BE MILITARY TIME (EXAMPLE: 1605, 0550, 2345)

  27. FIRST PAGE OF DA FORM 2823 OBTAIN DATE/TIME AND INITIALS PRIVACY ACT STATEMENT AUTHORITY: Title 10 USC Section 301; Title 5 USC Section 2951; E.O. 9397 dated November 22,1943 (SSN). PRINCIPAL PURPOSE: To provide commanders and law enforcement officials with means by which information is accurately recorded. ROUTINE USES: Your social security number is used as an additional/alternate means of identification to facilitate filing and retrieval. DISCLOSURE: Disclosure of your social security number is voluntary. DATE TIME FILE NUMBER LOCATION JMS JMS Ft Leonard Wood, MO 2105 2002/02/23 GRADE/STATUS SOCIAL SECURITY NUMBER LAST NAME, FIRST NAME, MIDDLE NAME E-2/RA 123-45-6789 SNUFFY, Joe Momma ORGANIZATION OR ADDRESS Co A, 43d AG BN, Ft Leonard Wood, MO 65473

  28. SECOND PAGE (TOP) OF DA FORM 2823 OBTAIN DATE/TIME AND INITIALS 2105 2002/02/23 Joe M. Snuffy JMS JMS THIS WILL ALWAYS CONTAIN THE SAME TIME/DATE AS PAGE 1

  29. Questions?? Comments??