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A 2823 Form: What You Should Know

AGENCY TYPE. The applicant/prosecution agency may use the DA FORM 2823 to sign as witness to an official transaction, to certify the validity of the signature, or to verify or verify the accuracy of the information provided during the application and submission process. All parties should be given a copy of the DA FORM 2823 to verify that it was filled out correctly. When filling out this form, all parties should remain aware that the DA FORM 2823 is a sworn statement. The DA FORM 2823 can be used as follows: How to fill out DA Form 2823 (A) Sworn statement. To document any form of criminal activity, it is necessary that the applicant/prosecution agency (prosecution) can sign the application in front of a Department of the Army (DA) employee without the approval of a civilian attorney. How to fill out DA Form 2823 without approval (1) Use sworn statement and witness designation(s) to document criminal activity. If a written sworn statement is not available, a DA employee can sign the DA FORM 2823 using witness declaration marks. If a witness (person or law enforcement agency employee) is not included, the applicant/prosecutor may sign the DA FORM 2823 using only witness designation marks. This form is available as (A) or (B). (2) If required by regulations, a witness may be included in this declaration and witness designation form, or the applicant/prosecutor may use this form as witness statement, without additional documentation. This is only required if a civilian attorney is not present at the signing of the application. (3) If required by regulations, the witness(BS) may be required to submit one or more affidavits attesting to or supporting statements made in the sworn statement. If necessary, these affidavits may be submitted to (a) the prosecution agency or (b) the applicant/prosecution agency. The required witness and affidavit(s) may be submitted to a departmental/federal investigative agency as part of a criminal investigation. See AR 190-51. (4) Use DA Form 2823 as witness to the witness. To be used as witness in the criminal case, a DA FORM 2823 is needed as witness statement for the investigator to sign and file with the court.

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