d. The Affidavit.
An affidavit is printed on the reverse side of the
statement form. It is a statement by the maker that he has read, or has had read
to him, the statement of a certain number of pages, that each page had been
numbered and initialed by him, that all corrections or deletions have been
initialed by him, and that it is a voluntary statement.
His signature should be
the same as the name identifying him in the heading of the statement. The reading
and signing of a statement should be witnessed by someone other than the SA to whom
the statement was made. The name and address of each witness should be typed or
written in the space provided.
NOTE: See DA Form 2823 (Figures 3-3 and 3-4).
The format is a completed heading
and statement in the COMBINATION FORM; on the back, and the END OF STATEMENT and
AFFIDAVIT.
5.
Content and Preparation of Sworn Statements and Confessions.
a. A thorough criminal investigation should be conducted, background
information on the maker should be collected, and all evidence or testimony should
be evaluated.
b. A statement or confession should contain all the pertinent information
that the maker is able to furnish about the crime or incident under investigation.
This should NOT be limited to those matters on which the maker will be permitted to
testify during a court-martial.
Unrelated material, however, should never be
sought or included in the statement or confession.
c. The heading or opening remarks of a sworn statement or confession should
contain the following:
NOTE: Labeled spaces on DA form 2823 (Figures 3-3 and 3-4).
(1) Place, date, time, and file number of the place where the statement is
taken.
(2) Complete identification of the maker to include: his full name, social
security number, grade, and organization.
d. The affidavit should contain the following:
(1) Acknowledgement that the statement is made voluntarily.
(2) Signature of maker (identical to that used in heading).
(3) Signature
of
witness
with
name
typed
along
with
organization
and
address.
(4) Date and location where oath is taken.
(5) Signature of person administering oath with his name typed along with
authority (Article 136 (b) (4), UCMJ).
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