Are sworn statements valid if they have no witnesses? Do they have to be signed the same day they’re written, and can a spouse be a witness?

2020-08-29T17:43:52-04:00

Response by SSG Private RallyPoint Member made Aug 29 at 2020 5:57 PM

2020-08-29T17:57:40-04:00

The witnesses section of a DA 2823 (Sworn Statement) is for witnesses of the actually swearing in, not writing the statement itself. It is usually used when getting a statement from a minor to show that the parent was present and a witness is not required to compete the form.

They should be signed immediately upon completion.

Yes, a spouse can be a witness.

Response by SGM Bill Frazer made Aug 29 at 2020 8:42 PM

2020-08-29T20:42:33-04:00

Take it to JAG

Response by Maj John Bell made Aug 29 at 2020 9:45 PM

2020-08-29T21:45:42-04:00

Here is my legal advice.

Don't ask non-lawyers for legal advice. Go to the post-JAG, or seek a civilian lawyer who specializes in military law.

Response by SFC Private RallyPoint Member made Aug 30 at 2020 12:22 AM

2020-08-30T00:22:01-04:00

Don’t try to Barracks Lawyer shit. If a statement is missing dotted “i” or crossed “t” then the investigating person can just fix that and resubmit it. The information isn’t any less valid, the truth isn’t any less true, and people’s charges don’t get thrown out over technicalities in the Army.

Response by MSgt Private RallyPoint Member made Aug 30 at 2020 12:47 PM

2020-08-30T12:47:46-04:00

Plain and simple answer talk to a JAG.