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The DA 285 W R form serves a crucial role in the U.S. Army's efforts to document and investigate accidents that occur during operations. This form, which is explicitly structured for collecting witness statements, helps ensure that interviews are conducted according to specific requirements outlined in Army Regulation (AR) 385-40. Included in its design are fields that capture key information about the witness, such as their name, occupation, and details about the accident itself. During the interview process, questions regarding confidentiality are pivotal, as they empower witnesses to share their observations without fear of reprisal or public exposure. The form highlights the importance of transparency while also respecting the boundaries set by the Army for safety purposes. This means that while the information gathered can be immensely valuable for accident prevention, it is strictly protected from being used in punitive actions. The DA 285 W R operates not merely as a paperwork tool but as a conduit for safety and accountability within the military, emphasizing the critical importance of witness testimony in the pursuit of a safer operational environment.

Da 285 W R Example

U.S. ARMY ACCIDENT REPORT

REQUIREMENTS CONTROL SYMBOL

SUMMARY OF WITNESS INTERVIEW

CSOCS-308

For use of this form, see AR 385-40 and DA Pamphlet 385-40; the proponent agency is OCSA

 

 

 

1. NAME OF WITNESS (LAST, FIRST, MI)

2. OCCUPATION/TITLE

3. GRADE

4. SSN

5. AGE

6. ADDRESS (Include ZIP Code) (If military, include organization)

7. TELEPHONE NUMBER

8. DATE OF INTERVIEW

9. EXPERIENCE AND BACKGROUND

10. LOCATION AT TIME OF ACDT

11. INTERVIEWER

12. Was a promise of confidentiality offered to the witness? Yes No (If yes, read blk 15a to the witness and complete

blk 16. If no, read blk 15b to the witness.) Confidentiality was requested by the witness. Yes

 

No (If Yes, interviewer

sign and date statement below.)

 

 

 

 

 

THE WITNESS MADE THIS STATEMENT UNDER A PROMISE OF CONFIDENTIALITY.

 

 

 

 

 

 

 

 

Signature of Interviewer

 

Date

 

 

 

 

 

 

 

 

 

13. SUMMARY OF INTERVIEW

 

 

 

14. DATE OF ACCIDENT (YYMMDD)

DA FORM 285-W-R, JUL 94

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15. GENERAL WITNESS INFORMATION BRIEFING (Interviewer must read appropriate instructions to the witness)

a. Promise of confidentiality offered.

(1)This accident investigation board has been convened under the provisions of AR 385-40 for the purpose of conducting a safety investigation.

(2)This may be just one of a number of investigations being conducted

regarding this accident; collateral or legal investigations may be ongoing as well. Those investigations are entirely separate from a safety investigation and are also required to inform you of their purpose and of your legal rights.

(3)This safety investigation is being conducted for accident prevention purposes only. Within the military, pursuant to Army Regulation 385-40, it cannot be used for any other purpose, to include any future disciplinary actions against any individuals. Therefore, the interview you are being asked to provide will be used by the Army in the interest of safety and accident prevention only.

(4)Nonconfidential witness interviews may be released to the public pursuant to a Freedom of Information Act request. If you wish to protect your interview from public release outside the military, then your interview must be pursuant to a promise of confidentiality. Confidentiality means that your interview will not be released to the public or outside DOD safety channels.

(5)Whether your interview is confidential or not, the chain of command will review the final accident report, which may include a summary of your interview, but the chain of command may only use the investigation report and the interviews for safety and accident prevention purposes.

(6)If you ever have knowledge that your witness interview was used by the Army for anything other than accident prevention purposes (for example, disciplinary action against an individual), you should consult with your local Judge Advocate Defense Counsel Office and request that the Command Judge Advocate, U.S. Army Safety Center, be notified at DSN 558-3960 or commercial (205) 255-3960.

(7)The promise of confidentiality is available to you if you desire it. Do you desire it?

b. No promise of confidentiality offered.

(1)This accident investigation board has been convened under the provisions of AR 385-40 for the purpose of conducting a safety investigation.

(2)This may be just one of a number of investigations being conducted regarding this accident; collateral or legal investigations may be ongoing as well. Those investigations are entirely separate from a safety investigation and are also required to inform you of their purpose and of your legal rights.

(3)This safety investigation is being conducted for accident prevention purposes only. Within the military, pursuant to Army Regulation 385-40, it cannot be used for any other purpose, to include any future disciplinary actions against any individuals. Therefore, the interview you are being asked to provide will be used by the Army in the interest of safety and accident prevention only.

(4)The chain of command will review the final accident report, which may include a summary of your interview, but the chain of command may only use the investigation report and the interviews for safety and accident prevention purposes. The interview summary may be released to the public pursuant to a Freedom of Information Act request.

(5)If you ever have knowledge that your witness interview was used by the Army for anything other than accident prevention purposes (for example, disciplinary action against an individual), you should consult with your local Judge Advocate Defense Counsel Office and request that the Command Judge Advocate, U.S. Army Safety Center, be notified at DSN 558-3960 or commercial (205)

255-3960.

16.AVAILABILITY OF PROMISE OF CONFIDENTIALITY FOR "LIMITED USE" REPORT OF INVESTIGATION

a.Pursuant to AR 385-40, witness interviews may only be used within the military for purposes of accident prevention, and may not be used as evidence in connection with any administrative or disciplinary proceeding.

This protection alone does not prevent release of the interview outside of the military (to the public, newspapers, attorneys, etc.) under the Freedom of Information Act. If you wish to protect your interview from release outside of the military, then your interview must be pursuant to a promise of confidentiality.

b. If you do not wish a promise of confidentiality, you may decline such below. In that case, your interview will still be used in the military only for purposes of accident prevention, but it may be released outside of the military in response to a Freedom of Information Act request. Please indicate which option you desire by initialing one of the choices below:

I request a promise of confidentiality. I understand that the results of my interview will be used within the military only for the purposes of accident prevention, and will also be protected from public release outside of the military under the Freedom of Information Act.

I decline a promise of confidentiality. I understand that the results of my interview will be used within the military only for purposes of accident prevention. I also understand that the results may be publicly released outside of the military under the Freedom of Information Act.

Name of witness (Print)

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Form Characteristics

Fact Name Description
Form Purpose This form is designed to collect witness statements related to accidents within the U.S. Army for safety investigations.
Regulating Documents The use of this form is governed by Army Regulation 385-40 and DA Pamphlet 385-40.
Witness Confidentiality Witnesses may request confidentiality; this guarantees that their statements will not be released outside military safety channels.
Interviewer Responsibilities Interviewers must inform witnesses of the confidentiality options and read appropriate instructions before conducting interviews.
Age Requirement Witnesses must provide their age on the form, ensuring an understanding of the context of their involvement in the incident.
Summary of Interview A summary of the witness interview is included to encapsulate vital information for the accident investigation.
Document Version The current version of this form, DA Form 285-W-R, was last revised in July 1994.
Use of Information Information from the interviews is strictly for the purpose of accident prevention and cannot be used for disciplinary actions.
Freedom of Information Act Nonconfidential witness interviews may be disclosed to the public under the Freedom of Information Act, unless confidentiality is requested.

Guidelines on Utilizing Da 285 W R

Completing the DA 285 W R form requires careful attention to detail. This form is essential for documenting witness interviews related to U.S. Army accidents. Follow the steps below to ensure that the information is collected accurately and comprehensively.

  1. Begin with the full name of the witness. Write it in the format: Last Name, First Name, Middle Initial.
  2. In the next field, specify the occupation or title of the witness.
  3. Indicate the grade of the witness in the appropriate section.
  4. Provide the Social Security Number (SSN) of the witness.
  5. Enter the age of the witness.
  6. Complete the address section, including the ZIP code. For military personnel, note the organization.
  7. Write down the telephone number where the witness can be contacted.
  8. Fill in the date on which the interview takes place.
  9. Document the witness's experience and background in the given space.
  10. Note the location of the witness at the time of the accident.
  11. Specify the name of the interviewer.
  12. Indicate whether a promise of confidentiality was offered. Write "Yes" or "No." If "Yes," read block 15a before proceeding to block 16. If "No," read block 15b.
  13. Record if confidentiality was requested by the witness. Again, note "Yes" or "No." If "Yes," the interviewer should sign and date the corresponding statement.
  14. Summarize the interview in the designated area.
  15. Provide the date of the accident in the format YYMMDD.

After filling out the form, ensure that all sections are completed and reviewed for accuracy before submission. The information gathered plays a critical role in safety investigations and needs to be correctly documented to help prevent future occurrences.

What You Should Know About This Form

What is the purpose of the DA 285 W R form?

The DA 285 W R form serves as an Accident Report that is mandatory for documenting witness interviews during military accident investigations. It is part of the Army's commitment to ensure safety and prevent future incidents. By gathering information from witnesses, the Army can analyze circumstances surrounding accidents and improve safety measures.

Who is required to fill out the DA 285 W R form?

The form is typically filled out by the interviewer conducting the witness interview, but it also requires input from the witness themselves. Witnesses may include any personnel who were present at the scene of an accident or who have relevant knowledge regarding the events that occurred. Their statements are crucial for a comprehensive investigation.

What information is needed from the witness on this form?

Witnesses must provide personal details such as their name, occupation, age, and contact information. Additionally, they are asked about their experience and background, their location during the accident, and the date of the interview. This data helps to establish context and the qualifications of the witness, enhancing the reliability of the information provided.

Is confidentiality offered to witnesses during the interview process?

Yes, confidentiality can be offered to witnesses. The interviewer must inform the witness about the potential for confidentiality and seek their preference. If a promise of confidentiality is agreed upon, the details shared during the interview will be kept from public release under the Freedom of Information Act, thus protecting sensitive information from being disclosed outside military channels.

Can the statements given in the interview be used for disciplinary action?

No, statements provided during the interview are intended solely for safety investigation and accident prevention purposes. They cannot be utilized for any administrative or disciplinary proceedings against individuals. This provision ensures that witnesses can speak freely without fear of repercussions, thereby promoting a more accurate and complete account of what happened.

What happens to the results of the interview?

The results of the interview, along with the general findings from the investigation, will be reviewed by the military chain of command. While necessary for internal safety evaluations, summaries from these interviews might be released publicly unless confidentiality was promised to the witness. This balance allows for transparency while protecting the informants' interests.

How can a witness ensure their interview remains confidential?

A witness must explicitly request a promise of confidentiality when being interviewed. This can be indicated by completing the relevant section on the form. If the witness decides not to request confidentiality, their statements may be subject to public release under the Freedom of Information Act. Understanding these options is essential for maintaining control over the information shared during the interview.

Common mistakes

Completing the DA 285 W R form correctly is crucial for ensuring that witness interviews in accident investigations are handled appropriately. However, there are several common mistakes people often make when filling out this form.

One significant error is failing to provide complete details in the Name of Witness section. The form requires the witness's last name, first name, and middle initial. Omitting any part of this information can lead to confusion and complications later on. It's essential to ensure that the names are spelled correctly and displayed in the correct order.

Another common mistake occurs in the Social Security Number (SSN) field. Often, individuals either forget to fill this in or input incorrect digits. The SSN is used to verify a witness's identity and ensure that the right individual is associated with the statement. Providing a wrong SSN can delay the investigation process significantly.

Many also overlook the importance of documenting the Date of Accident accurately. This information not only helps in establishing timelines but also plays a vital role in any subsequent investigations. An incorrect date can lead to misunderstandings and could potentially compromise the integrity of the report.

Another common oversight is neglecting to check the option regarding confidentiality. Witnesses are given the choice between a promise of confidentiality or declining it. Failing to clarify their preference leads to uncertainty about how the information might be used or shared. This lack of clarity can result in witnesses feeling uncomfortable during the interview process.

The summary of the interview section is also frequently mishandled. Interviewers may either leave this blank or provide vague information that does not accurately represent the discussion. A well-detailed summary is vital as it reflects the witness's insights and observations regarding the incident, contributing to the safety investigation.

In addition, some individuals incorrectly complete the Telephone Number section. Providing an outdated or incorrect phone number can hinder follow-up communication with the witness. It’s important to confirm that the number listed is current and reachable to ensure investigators can contact the witness if further information is needed.

Lastly, people often forget to read and adhere to the instructional notes related to confidentiality. Misunderstanding the implications of confidentiality could result in potentially sensitive information becoming publicly available. It’s critical to convey the significance of these guidelines clearly to all witnesses prior to completing the form.

Documents used along the form

The DA Form 285-W-R is essential for documenting witness interviews in U.S. Army accident investigations. However, it is often used alongside several other forms and documents, each serving specific purposes in the accident reporting and investigation process. Understanding these documents helps ensure comprehensive and compliant reporting.

  • DA Form 285: This form serves as the U.S. Army's official accident report. It documents relevant information about the accident, including details about the individuals involved and the circumstances surrounding the incident.
  • DA Form 1980: This form is used for filing a casualty report. It captures critical details about any fatalities or severe injuries resulting from the accident and is necessary for establishing protocols following a tragic event.
  • DA Form 7574: Used to request safety recommendations, this document helps investigators suggest measures to prevent future accidents based on the findings from the accident investigation.
  • DA Form 2028: This form requests changes or updates to existing Army publications. It may be relevant if the investigation reveals that existing guidelines or protocols are inadequate or outdated.
  • DA Form 7382: Known as a Commander's Report of Investigation, this form summarizes the findings of the investigation conducted by the command team. It includes recommendations and necessary actions to address identified hazards.
  • SP Form 285-WR: This special form is specifically for documenting witness statements during investigations. It helps ensure that witness accounts are preserved and accurately reflected in the final assessment.

Awareness of these documents not only supports the investigation process but also enhances accountability and promotes a culture of safety within the military. Ensuring correct usage of all applicable forms is crucial for thorough and effective accident investigations.

Similar forms

  • DA Form 285: This is the primary accident report form used by the Army. Like the DA 285 W R, it captures essential details regarding accidents, including witness statements. Both forms ensure a standardized approach to documenting incidents for safety investigations.
  • DA Form 2823: The sworn statement form allows witnesses to provide detailed accounts of incidents. Similar to the DA 285 W R, it aims to gather facts to support investigations, emphasizing accuracy and clarity.
  • DA Form 7480: This is the non-motorized accident report. It serves a similar purpose as the DA 285 W R by documenting accidents and injuries occurring without vehicle involvement. Both forms focus on safety and prevention strategies.
  • DA Form 4610: The class A accident report is used for more severe incidents. It parallels the DA 285 W R in that it collects witness information and details to aid investigations, especially those impacting safety protocols.
  • DA Form 31: This form, used for leave requests, maintains similar processes for documentation and approvals. Its meticulous record-keeping assists in accountability, much like witness interviews in the DA 285 W R do for safety findings.
  • DA Form 3946: The Military Police report captures crimes and incidents involving military personnel. While differing in focus, it shares a commitment to thorough documentation, paralleling the goals of the DA 285 W R in preserving safety and facts.
  • DA Form 15-6: The investigation report captures formal inquiries into incidents. As with the DA 285 W R, it deals with the collection and analysis of information to enhance safety measures and prevent future occurrences.

Dos and Don'ts

When filling out the DA 285 W R form, consider the following important dos and don'ts to ensure accuracy and compliance.

  • Do gather all necessary information before starting, including the witness's complete name, occupation, and relevant details.
  • Do ensure that you read the confidentiality instructions carefully with the witness before proceeding with the interview.
  • Do clearly record the date of the accident and the date of the interview.
  • Do obtain the witness's signature confirming their understanding of the confidentiality promise if requested.
  • Don't assume any detail is unimportant; every piece of information matters for accuracy.
  • Don't leave any sections blank. If a question does not apply, indicate it clearly as "N/A."
  • Don't forget to keep a copy of the completed form for your records.

Misconceptions

Understanding the intricacies of the DA Form 285 W R, often necessary for reporting military accidents, is crucial for both witnesses and those conducting investigations. However, various misconceptions can lead to confusion. Here are nine common misunderstandings regarding this form:

  • Confidentiality Guarantees Full Protection: Many believe that confidentiality offered during the interview means their statements will never be disclosed. While confidentiality prevents public release, it does not shield the information from military command review.
  • All Interviews Are Confidential: Some assume that every witness interview conducted using this form automatically has confidentiality. In reality, confidentiality must be expressly requested by the witness.
  • Interviews Can Be Used for Disciplinary Actions: There's a misconception that information from the interviews can be used in disciplinary processes. However, the Army regulations state these interviews are for accident prevention and cannot be used for administrative or disciplinary actions.
  • The Form Is Only for Accidents: A common belief is that the DA 285 W R form is restricted solely to accidents. While its main purpose is to document witness statements in accidents, it can also be part of broader safety investigations.
  • Witnesses Have No Rights: Some witnesses think they must comply without questioning anything. In fact, witnesses have rights that include understanding the purpose of the investigation and choosing whether to accept confidentiality.
  • Freedom of Information Act (FOIA) Does Not Apply: There is a belief that interviews or reports are entirely private and immune to FOIA. In truth, non-confidential interviews can be subject to FOIA requests.
  • Only Formal Training Is Needed to Prepare the Form: Many think only trained personnel can fill out the DA Form 285 W R correctly. While training is beneficial, the form is designed so that anyone familiar with the process can complete it adequately.
  • Witnesses Should Avoid the Interview: Some witnesses fear that participating in an interview could lead to negative consequences. Engaging in the process, however, contributes to safety improvements and accident prevention.
  • Only Commanders Review the Reports: There's an idea that only high-ranking officials have access to the investigation reports. In practice, various levels of the military may review these reports as part of their safety mandates.

Clarifying these misconceptions can enhance understanding and cooperation among those involved in safety investigations, helping to foster a more effective and safer military environment.

Key takeaways

When filling out and using the DA 285 W R form, keep the following key takeaways in mind:

  • The DA 285 W R form is essential for documenting witness interviews related to military accidents.
  • Always include accurate and complete witness information, such as name, occupation, and contact details.
  • The interview must clearly state whether a promise of confidentiality has been offered or requested.
  • It’s important to explain to the witness the purpose of the safety investigation clearly.
  • The information gathered is for accident prevention only and cannot be used for disciplinary actions.
  • Witness interviews may be subject to public release unless confidentiality is requested and granted.
  • If ever concerned about the use of interview information, reach out to the local Judge Advocate Defense Counsel Office.