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?

SPC Private RallyPoint Member — Sat, 29 Aug 2020 17:43:52 -0400

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

SSG Private RallyPoint Member — Sat, 29 Aug 2020 17:57:40 -0400

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

SGM Bill Frazer — Sat, 29 Aug 2020 20:42:33 -0400

Take it to JAG

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

Maj John Bell — Sat, 29 Aug 2020 21:45:42 -0400

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

SFC Private RallyPoint Member — Sun, 30 Aug 2020 00:22:01 -0400

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

MSgt Private RallyPoint Member — Sun, 30 Aug 2020 12:47:46 -0400

Plain and simple answer talk to a JAG.