19 Dec Cover.pmd - USAREC - U.S. Army

is necessary to read a civilian witness their rights (or whether you possess the authority to do so), call the BJA or
legal advisor for guidance.
(4) USAREC Form 722, Privacy Act Statement (figure 2) will be provided to a witness if the report will be filed
in a system of records from which it can be retrieved by reference to the name, social security number, or other
such personal identifier of the witness. This will normally include the subject(s) of the investigation, including
applicants in recruiting impropriety investigations and victims in investigations of alleged misconduct. If in doubt
as to whether the advisement should be provided, consult your BJA or legal advisor.
(5) Good interviews tend to have distinct phases.
(a) Phase I: Introduction and rights advisements, as appropriate.
(b) Phase II: Develop a narrative. Let the person tell their version of events orally. Ask questions to clarify but
not to narrow the discussion.
(c) Phase III: Commit the narrative to writing. Have the interviewee write down their version of events in detail.
(d) Phase IV: Use a question and answer (Q&A) format to clarify and refine the witness’s statement.
(6) All statements will be sworn, if possible. Except in unusual circumstances DA Form 2823 (Sworn Statement)
will be used. Most IOs find it helpful to have a general discussion with the witness first, then ask specific questions.
During the interview the IO should take notes or use a tape recorder, but use of a tape recorder is not encouraged. If
the conversation is recorded, you must notify the witness of your intention at the beginning of the tape. If you are
taping a telephonic conversation, you must obtain the other person’s consent. The statements should be typed so
they can be easily read; if typed statements are not possible, have the witness print legibly. Avoid the temptation to
make the written statements overly short after an extensive interview. Witness statements that are appended to the
ROI must support the substance of your report. Generally oral testimony of a witness may not be used in your
report unless the content has been reduced to writing. If you must consider oral testimony in reaching your findings
and recommendations, you must reduce the oral testimony to writing—in the format of a memorandum for record
or record of conversation. It is best to have the individual review what you have prepared and sign the document
once they have verified it is an accurate reflection of their statement. Include the memorandum with the report as
a substitute for a sworn statement.
(7) If one witness contradicts another witness, get each witness to fully clarify their statements. This may require
reinterviewing the earlier witness. This ensures that witnesses have an opportunity to explain contradictory statements.
(8) Some things to do when interviewing witnesses:
(a) Take charge of the interview.
(b) Get the witness to explain thoroughly and be specific. For example, if the witness says “someone at the
recruiting station told me X; ask the witness who told them X (that is, get a name or description of the person).
(c) Develop the facts completely; do not leave questions unanswered.
(d) Honor the rights of witnesses.
(e) Be fair.
(f) Be professional.
(g) Consciously consider your demeanor during the interview because you represent the Army.
(h) Be objective and discreet. Because you are required to be fair and unbiased, do not presume the guilt or
innocence of any party before completing the investigation. For example, when a recruiter is accused of providing
a ringer for testing, look for evidence to establish that a ringer was used and who (applicant or recruiter) was
responsible for obtaining the services of the ringer.
(i) Give the witness an opportunity to think.
(j) Check for loose ends. Try to do this before concluding each interview. Check your preparatory notes for the
information you expected to gain from the witness and ensure you’ve exhausted their knowledge of these facts.
(k) Instruct the witness not to speak with other witnesses. Ensure witnesses are aware that it could be a violation
of USAREC Reg 601-45 to speak to other witnesses about the subject matter being investigated before the
investigation has been completed.
(l) Be thorough. Ensure witnesses explain ambiguous terms such as “affair” or “relationship.” Focus on collecting
the facts. Ask what conduct the witness observed and how that conduct led them to believe the “affair” or “relationship”
happened.
(m) Ask witnesses if they know anyone else who should be interviewed or can confirm what they have just told
you.
(n) If during an interview you refer to a document/exhibit, such as to determine if the witnesses recognizes it,
identify the document in the witness statement and make sure the document is attached as an exhibit to the ROI.
USAREC Pam 27-65 • 20 December 2012
3