Statement, the investigating officer or board will consult the legal advisor, if any, or the servicing JA. If any question arises as to the need for a Privacy Act Unless otherwise informed by the appointing authority, an investigating officer or board may presume that the report of proceedings will be retrievable by the name of each person designated as a respondent, but that the report will not be retrievable by the name of any other witness. A Privacy Act statement (AR 340-21) will be provided to a witness if the report of proceedings will be filed in a system of records from which it can be retrieved by reference to the name or other personal identifier of that witness. Witnesses may not be precluded from discussing any relevant matter with the recorder, a respondent, or counsel for a respondent. This precaution is appropriate to eliminate possible influence on the testimony of witnesses still to be heard. (f) Prior statements were taken during the course of the investigation.Īn investigating officer or board may direct witnesses who are subject to Army authority,Īnd request other witnesses, not to discuss their statements or testimony with other witnesses or with persons who have no official interest in the proceedings until the investigation is complete. (e) Prior statements were oral or written. (d) Prior statements were sworn or unsworn. (b) Witness is determined to be unavailable. Statements of a witness as evidence on factual issues, whether or not the following conditions exist:
(5) Although the direct testimony of witnesses is preferable, the investigating officer or board may use any previous The witnesses remain subject to questioning on Written sworn or unsworn statements that have first been made exhibits. (4) Whether the proceeding is formal or informal, to save time and resources, witnesses may be asked to confirm Not signed and will certify that the statement is an accurate summary of what the witness said. Refuses to sign, the person who took the statement will note, over his or her own signature, the reasons the witness has The statement is to be sworn, use of DA Form 2823 (Sworn Statement) is recommended. (3) Whether the witness swears to the statement is within the discretion of the investigating officer or president. The witness may be asked to read, correct, and sign the final statement. The interviewer must scrupulously avoid coaching the witness or suggesting the existence or nonexistence However, care must be taken to ensure that the statement is phrased in the words of Will assist the witness in preparing a written statement to avoid inclusion of irrelevant material or the omission of Preparation of written statements, but the witness will be informed if one is used. A tape recorder may be used to facilitate later Their knowledge and then summarize those statements in writing. (2) In informal proceedings, statements of witnesses may be obtained at informal sessions in which they first relate However, narrative testimony may be used. Statements will be elicited by questions and answers. (1) If a board is formal, or if the appointing authority has directed a verbatim record (see para 2-2), witnesses'
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