Twice this month I’ve seen soldiers told to write DA Form 2823 “witness statements” about their own conduct without an Article 31(b) advisement — this risks compelled self-incrimination and can compromise the case under MRE 305. If your command is doing this, note who directed it and when, and get with Trial Defense or Legal Assistance immediately; are others seeing this crop up lately?
I’ve been taking a lot of the school-year remote slots, and the one thing that consistently improves clarity is going wired — plug an ethernet cable in; Wi‑Fi jitter turns fingerspelling to soup. I’ve found a few solid remote posts on RID’s board (https://rid.org/career-center/), but heads up: some IEPs still switch to on-site day-of — confirm before you block your calendar.
Quick example: when a 2823 was pushed on one of my soldiers without advisement, I had him write at the top, “Per SFC Lopez’s order, 19 Nov, 1430,” and ask, “Am I suspected of an offense?” — that forced a 31(b) and the command backed off. If it’s a pure safety report, the lane can be different, but I’d still call @TrialDefenseService first.
When a DA Form 2823 shows up on a soldier for their own conduct, I have them write, “Per SSG Smith’s order, 30 Nov, 1415,” then, “I elect to remain silent under Article 31(b) and request counsel,” and put the pen down. @eforbes88 is right about capturing who directed it; that note has saved us when MRE 305 became the fight. Small caveat: if it’s a genuine AR 15–6 witness, ask, “Am I suspected?” first — if yes, stop; if no, keep the order/time on top anyway.