PerFORM Communicator File Packet v 1.00 S\c:\formflow\forms\Azr'>OAzs'>6@W>lds'>C.0w'>a3881.frow\forms\a3881.fro5Oa3881.fdb\temp\df000002\a3881.fdb6vS: a3881.dbf\temp\df000002\a3881.dbf6vS = a3881.dbt\temp\df000002\a3881.dbt6vSJa3881.fds\temp\df000002\a3881.fds6vSJDA Form 3881, NOV 89USAPA75C:\DOCUME~1\SHERMA~1\MYDOCU~1\ETM'S\FORMPA~1\DA-3881.FPKC:\WINDOWS\TEMP\KDA Form 3881, NOV 8900B0?0"x 3,3"3 3n@3*Q3|;ࡱ> NPRoot EntryRoot Entry` )H:౾OContentsQxOccDataInTempoWorkflow   !"#$%&'()*+,-./0123456789:;<=>?@ABCDEFGHIJKLMRSTUVWXYZ[\]^_`abcdefghijklmnopqrstuvwxyz{|}~SummaryInformation(FBMacros:౾:౾GeneralMacroStream(_DPNK Oh+'0}$ 0 < H T `lt|ThpDA Form 3881, NOV 89USAPA.Rights Warning Procedure/Waiver Certificate 75@`^!@FormFlow@ 2.x For@౾GЏ48DD G  "2 "-.- #Univers (WN)-  1-!K-#Univers (WN)--!Z-#Univers (WN)--!h-#Univers (WN)--!w-#Univers (WN)--!-#Univers (WN)--!-#Univers (WN)- -!- #Univers (WN)- -!- #Univers (WN)- -!- #Univers (WN)- -!- #Univers (WN)- - 2 - or --!- #Univers (WN)--!-#Univers (WN)--!-#Univers (WN)--! -#Univers (WN)--!-#Univers (WN)--!(-#Univers (WN)-- "-6,-- "Systemn--.- #Univers (WN)--!K-#Univers (WN)--!Z-#Univers (WN)-- r2 hGand wanted to question me about the following offense(s) of which I am -!h-#Univers (WN)--!w-#Univers (WN)--!-#Univers (WN)--!-#Univers (WN)--!-#Univers (WN)--!-#Univers (WN)--!-#Univers (WN)--!-#Univers (WN)- -!- #Univers (WN)-!-!-!#Univers (WN)-"-!-"#Univers (WN)-#-! -##Univers (WN)-$-!-$#Univers (WN)-%-!(-%#Univers (WN)-&- "-'6,-- '-&-.- #Univers (WN)-&-!K&-&#Univers (WN)-'- 2 Z&\The investigator whose name appears below told me that he/she is with the United States Army-!Z-'#Univers (WN)-(-!h&-(#Univers (WN)-)- %2 w&suspected/accused: -!w-)#Univers (WN)-*- 2 &Before he/she asked me any questions about the offense(s), however, he/she made it clear to me that I have the following rights:-!c-*#Univers (WN)-+-  2 &1.-!/-+#Univers (WN)-,-  2 &2.-!/-,#Univers (WN)---  2 &3.-!/--#Univers (WN)-.-!&-.#Univers (WN)-/-!&-/#Univers (WN)-0-!&-0#Univers (WN)-1-!&-1#Univers (WN)-2-!&-2#Univers (WN)-3-! &-3#Univers (WN)-4-  2 &4.-!/-4#Univers (WN)-5-!(&-5#Univers (WN)-6- "-76',&-- 7-6 -|"|-.- #Univers (WN)-6- +2 t&Section C. Non-waiver  - "-7tj-- 7-6 -%"""J"J""-.- #Univers (WN)-6- H2 3+RIGHTS WARNING PROCEDURE/WAIVER CERTIFICATE             -!3@-6#Univers (WN)-7-  2 A #Univers (WN)-8- m2 ADFor use of this form, see AR 190-30; the proponent agency is ODCSOPS #Univers (WN)-9-  2 A2 - "-:A<6;-- :-9-.- #Univers (WN)-9-!K<-9#Univers (WN)-:-!Z<-:#Univers (WN)-;-!h<-;#Univers (WN)-<-!w<-<#Univers (WN)-=-!<-=#Univers (WN)->- W2 <5I do not have to answer any question or say anything.-!+->#Univers (WN)-?- {2 <MAnything I say or do can be used as evidence against me in a criminal trial. -!-?#Univers (WN)-@#Univers (WN)-A-  2 < - "-B@?-- B-A-.- #Univers (WN)-A-!K<-A#Univers (WN)-B-!Z<-B#Univers (WN)-C-!h<-C#Univers (WN)-D-!w<-D#Univers (WN)-E-!<-E#Univers (WN)-F-!<-F#Univers (WN)-G-!<-G#Univers (WN)-H- :2 <"(For personnel subject othe UCMJ #Univers (WN)-I- 2 { I have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with me -!-I#Univers (WN)-J- 2 <during questioning. This lawyer can be a civilian lawyer I arrange for at no expense to the Government or a military lawyer detailed for me at no expense to me, -!-J#Univers (WN)-K- 2 <or both.#Univers (WN)-L-  2 _ -!e-L#Univers (WN)-M-!<-M#Univers (WN)-N- E2 <)(For civilians not subject to the UCMJ) #Univers (WN)-O- 2 xI have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with  -!-O#Univers (WN)-P- 2 <me during questioning. I understand that this lawyer can be one that I arrange for at my own expense, or if I cannot afford a lawyer and want one, a lawyer  -!-P#Univers (WN)-Q- Z2 <7will be appointed for me before any questioning begins.-! 1-Q#Univers (WN)-R- 2 <If I am now willing to discuss the offense(s) under investigation, with or without a lawyer present, I have a right to stop answering questions at any time, or   -!-R#Univers (WN)-S- 2 (<Xspeak privately with a lawyer before answering further, even if I sign the waiver below.#Univers (WN)-T-  2 ( -!(-T#Univers (WN)-U- "-V6=,<-- V-U-.- #Univers (WN)-U- 2 DATE -!-U#Univers (WN)-V- "-W-- W-V-.- #Univers (WN)-V- =2 A$I do not want to give up my rights - "-W~-- W-V -%"""-.- #Univers (WN)-V-  2 &2.-!/-V#Univers (WN)-W- "-X'&-- X-W ---.- #Univers (WN)-W- 42 @ORGANIZATION OF INVESTIGATOR - "-X@W5V-- X-W-.- #Univers (WN)-W- 12 TYPED NAME OF INVESTIGATOR - "-XL K-- X-W-.- #Univers (WN)-W- 12 SIGNATURE OF INVESTIGATOR - "-XHG-- X-W -%  -.- #Univers (WN)-W-  2 4.-!-W#Univers (WN)-X-!-X#Univers (WN)-Y- "-Z-- Z-Y.- -.- #Univers (WN)-Y- .2 SIGNATURE OF INTERVIEWEE  - "-Z>=-- Z-Y-.- #Univers (WN)-Y- <2 @A#ORGANIZATION OR ADDRESS AND PHONE - "-Z@ 5 -- Z-Y-.- #Univers (WN)-Y- 2 ANAME #Univers (WN)-Z- 2 c(Type or Print)#Univers (WN)-[-  2  - "-\ -- \-[-.- #Univers (WN)-[- <2 A#ORGANIZATION OR ADDRESS AND PHONE - "-\  -- \-[-.- #Univers (WN)-[- 2 P? COMMENTS #Univers (WN)-\- .2 P|(Continue on reverse side)#Univers (WN)-]-  2 P - "-^PE-- ^-] -%"JJ""J-.- #Univers (WN)-]- 72 X, DATA REQUIRED BY THE PRIVACY ACT- "-^XM-- ^-] -%"JJ""J-.- #Univers (WN)-]-!X&-]#Univers (WN)-^-!f&-^#Univers (WN)-_- 2 u& AUTHORITY:-!uh-_#Univers (WN)-`- "2 &PRINCIPAL PURPOSE:-!-`#Univers (WN)-a- 2 & ROUTINE USES:-!w-a#Univers (WN)-b- 2 & DISCLOSURE: - "-cqp-- c-b-.- #Univers (WN)-b- -2 ORGANIZATION OR ADDRESS - "-c?>-- c-b-.- #Univers (WN)-b- 2 )GRADE/STATUS - "-czy-- c-b-.- #Univers (WN)-b- 2 ASSN - "-c\[-- c-b-.- #Univers (WN)-b- 2 ANAME #Univers (WN)-c- !2 c(Last, First, MI)#Univers (WN)-d-  2  - "-e-- e-d-.- #Univers (WN)-d- 2  FILE NO. - "-e-- e-d-.- #Univers (WN)-d- 2 A LOCATION - "-eut-- e-d-.- #Univers (WN)-d- 2 #TIME - "-e@?-- e-d -%"kk""k-.- #Univers (WN)-d- %2 x&Section B. Waiver  - "-exm-- e-d -%"""-.- #Univers (WN)-d- 2 &I understand my rights as stated above. I am now willing to discuss the offense(s) under investigation and make a statement without talking to a lawyer first and#Univers (WN)-e- H2 &+without having a lawyer present with me. - "-f-- f-e -%"""-.- #Univers (WN)-e- 2  WITNESSES #Univers (WN)-f- 2 (If available)#Univers (WN)-g-  2  - "-h-- h-g-.- #Univers (WN)-g- 2 ANAME #Univers (WN)-h- 2 c(Type or Print)#Univers (WN)-i-  2  - "-j-- j-i-.- #Univers (WN)-i- .2 ASIGNATURE OF INTERVIEWEE  -!-i#Univers (WN)-j- "-kBA-- k-j.-  -%"""-.- #Univers (WN)-j- Z2 &7ATTACH THIS WAIVER CERTIFICATE TO ANY SWORN STATEMENT   #Univers (WN)-k- 2 [(DA FORM 2823)#Univers (WN)-l- O2 0 SUBSEQUENTLY EXECUTED BY THE SUSPECT/ACCUSED - "-m-- m-l -%-.- #Univers (WN)-l-  2 3. -!-l#Univers (WN)-m-!-m#Univers (WN)-n- "-o-- o-n.-  -%"("("-.- #Univers (WN)-n- K2 ! -PART I - RIGHTS WAIVER/NON-WAIVER CERTIFICATE  - "-o!-- o-n -%"((="="(-.- #Univers (WN)-n- .2 6&Section A. Rights - "-o6+-- o-n-.- #Univers (WN)-n-!X-n#Univers (WN)-o-!f-o#Univers (WN)-p- N2 u/Title 10, United States Code, Section 3012(g) -!u-p#Univers (WN)-q- 2 qTo provide commanders and law enforcement officials with means by which information may be accurately identified.      -!-q#Univers (WN)-r- 2 zYour Social Security Number is used as an additional/alternate means of identification to facilitate filing and retrieval.  -!-r#Univers (WN)-s- ^2 :Disclosure of your Social Security Number is voluntary. - "-t-- t-s-.- #Univers (WN)-s- 62 IEDITION OF NOV 84 IS OBSOLETE - "-t-- t-s-.- #Univers (WN)-s- 2  USAPA 2.01- "-t-- t-s-.- #Univers (WN)-s- (2 $DA FORM 3881, NOV 89    - "-t-- t-s -%"||""|-.- #Univers (WN)-s-  2 &1.-!/-s#Univers (WN)-t- "-u'&-- u-t-.- #Univers (WN)-t-!^-t#Univers (WN)-u- "2 ^I want a lawyer - "-v-- v-u-.- #Univers (WN)-u-!-u#Univers (WN)-v- O2 0I do not want to be questioned or say anything -v -%-.- #Univers (WN)-v-  2 2.-!-v#Univers (WN)-w- "-x-- x-w.-  -%33gg3-.- #Univers (WN)-w-  2 @6. -!@-w#Univers (WN)-x- "-yMB-- y-x.-  -%  33 -.- #Univers (WN)-x-  2 5.-!-x#Univers (WN)-y- "-z$-- z-y.-  -%"33g"g"3-.- #Univers (WN)-y-  2 @&b.-!@/-y#Univers (WN)-z- "-{M'B&-- {-z.-  -%"  3"3" -.- #Univers (WN)-z-  2 &2a.-!4-z#Univers (WN)-{- "-|$'&-- |-{.-  -%" " "-.- #Univers (WN)-{-  2 &b.-!/-{#Univers (WN)-|- "-}'&-- }-|.-  -%-.- #Univers (WN)-|-  2 8. -!-|#Univers (WN)-}- "-~-- ~-}.-  -%"CCk"k"C-.- #Univers (WN)-}-  2 P&5.-!P/-}#Univers (WN)-~- "-]'S&-- -~.-  -%"""-.- #Univers (WN)-~-  2 &1. -!2-~#Univers (WN)-- "-'&-- -.-  -%"""-.- #Univers (WN)--  2 &5.-!/-#Univers (WN)-- "-'&-- -.-  -%"  ""-.- #Univers (WN)--  2 &6. -!2-#Univers (WN)-- "-'&-- -.-  -%-.- #Univers (WN)--  2 4.-!-#Univers (WN)-- "--- -.-  -%-.- #Univers (WN)--  2 3.-!-#Univers (WN)-- "--- -.-  -%   -.- #Univers (WN)--  2 7. -!-#Univers (WN)-- "--- -.-  -%"""-.- #Univers (WN)--  2 &1a.-!4-#Univers (WN)-- "-'&-- -.-  -%CKKCC-.- .-   CG Times (WN)-  "- MUUM ---  -- - -%-.- .-   CG Times (WN)-  "-  ---  -- - -xx-.- .-  -i&i-.- .-  -[[-.- .-  -%""""""-((9U(s4101t0b0s#v1P)6J)s4101t0b FormFlow p  2 2: 2:56 2:56p00/00+ 1/20D 1/2  p  2 2: 2:56 2:56pFormFlow 2.06]7]7=p=p LOCATION @. <DATElt @. TIMElt @. FILE_NO @. NAMElt @. <SSNult @. tt<tt<tm9DkX Dp(hDphI do not want to give up my rights "mk0X EphEph2. n4x1aԺNm1X zFp"|'hzFp|'hORGANIZATION OF INVESTIGATOR Ժ #mNX $Gp R/h$GpR/hTYPED NAME OF INVESTIGATOR Ժm #X Gp $7hGp$7hSIGNATURE OF INVESTIGATOR m #x0X  SIGN_INVG Hp>hHp>h 4. ԺmvX JpFhJpFhSIGNATURE OF INTERVIEWEE >N9x1X Jp'vNhJpvNhORGANIZATION OR ADDRESS AND PHONE > #N9xX ^Kp&VVh^KpVVhNAME (Type or Print) > #9xX  Lp'4^h Lp4^hORGANIZATION OR ADDRESS AND PHONE >&Vmu9DX Lp5fhLpfhCOMMENTS (Continue on reverse side) "LmE1X zMp$pzMppDATA REQUIRED BY THE PRIVACY ACTy$IͿ1&@gosGG1"ζ szMp$$:Δd|ѿ!d 'p!ϦdGG|ѿGGIB\e\Sy$IͿ1&@gosGG1"ζ "LmE1X &Np>p &Npp AUTHORITY: PRINCIPAL PURPOSE: ROUTINE USES: DISCLOSURE: Ժm4X NppNppORGANIZATION OR ADDRESS a.(4xX OpdpOpdpGRADE/STATUS >(J49X 'pp'ppSSN >(9xX l^(pl^pNAME (Last, First, MI) UntX \J</a\J</aFILE NO. >9xX </a</aLOCATION %0>[X <P/aw9xX Rp&ꆯhRpꆯhNAME (Type or Print) >m9kX  SIGN_INVE SpȎhSpȎh SIGNATURE OF INTERVIEWEE "k0X xTphxTphATTACH THIS WAIVER CERTIFICATE TO ANY SWORN STATEMENT (DA FORM 2823) SUBSEQUENTLY EXECUTED BY THE SUSPECT/ACCUSED mxv0X  SIGN_INVW Up0hUp0h 3. "4m11a fVp1/afVp/aPART I - RIGHTS WAIVER/NON-WAIVER CERTIFICATE"1m*G)1X  Wp&/a Wp&/aSection A. Rights &LmEX Wp]./a Wp./a Title 10, United States Code, Section 3012(g) To provide commanders and law enforcement officials with means by which information may be accurately identified. Your Social Security Number is used as an additional/alternate means of identification to facilitate filing and retrieval. Disclosure of your Social Security Number is voluntary. @=  X Yp#⦯hYp⦯hEDITION OF NOV 84 IS OBSOLETE 3n _XXZphXZphUSAPA 2.01"SX  ZplhZplhDA FORM 3881, NOV 89 "mDk0X [p2h[p2h1. /^3UDkX \půh\půh I want a lawyer DhkX |]p5ͯh|]pͯh I do not want to be questioned or say anything x1X  DATE ^p9/a^p9/a 2. Nmx10X  B_ORGAN f_pկhf_pկh 6.  #mNx0X  B_INVEST H`pRݯhH`pRݯh 5. "Nx10X  B2_ORGAN *aph*aph b. " #Nx0X  B2_NAME  bph bph 2a. " #x0X  B1_ORGAN bphhbphh b. m4x1X  ORGZATN cp@/acp@/a 8. "&VmuD0a  COMMENT dphdph 5. "x1X  LOCATION eptH/aeptH/a 1. y$IͿ1&@gosGG1"ζ sep:Δd|ѿ!d 'p!ϦdGG|ѿGGIB\e\Sy$IͿ1&@gosGG1"ζ "(x1X  NAME vfp&P/avfp&P/a 5. "(J41X  SSN XgpW/aXgpW/a 6. >n[1X  FILE_NO :hp_/a:hp_/a 4. >[1X  TIME ip_ޏV36S[ X ppppWARNING - Inform the suspect/accused of: a. b. c. RIGHTS - Advise the suspect/accused of his/her rights as follows: "Before I ask you any questions, you must understand your rights." a. b. c. U_ޏV3JS[ X qpqp Your official position. Nature of offense(s). The fact that he/she is a suspect/accused. "You do not have to answer my questions or say anything." "Anything you say or do can be used as evidence against you in a criminal trial." (For personnel subject to the UCMJ) "You have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with you during questioning. This lawyer "|;nV34 1atptpTHE WARNINGZ$_ޏV3 S[ X tptp1. 2. 0+ {cX FupFup If 1 or 2 applies, the fact that the suspect/accused was advised accordingly should be noted in the comment section on the waiver certificate and initialed by the suspect/accused. "$ n{c1avpvpSPECIAL INSTRUCTIONS0+6{cg0X 6wpx6wp2. NOTE: WHEN SUSPECT/ACCUSED DISPLAYS INDECISION ON EXERCISING HIS OR HER RIGHTS DURING THE INTERROGATION PROCESS: If during the interrogation, the suspect displays indecision about requesting counsel (for example, "Maybe I should get a lawyer."), further questioning must cease immediately. At that point, you may question the suspect/accused only concerning whether he or she desires to waive counsel. The questioning may not be utilized to discourage a suspect/accused from exercising his/her rights. (For example, do not make such comments as "If you didn't do anything wrong, you shouldn't need an attorney.") 0+ {cwX 6zpM6zpIf the suspect/accused was questioned as such either without being advised of his/her rights or some question exists as to the propriety of the first statement, the accused must be so advised. The office of the serving Staff Judge Advocate should be contacted for assistance in drafting the proper rights advisal. d_V3iS 1X  |p |p - or - ߵ_V3|S X |p|p d. _V3S X F}pF}p "If you are now willing to discuss the offense(s) under investigation, with or without a lawyer present, you have a right to stop answering questions at any time, or speak privately with a lawyer before answering further, even if you sign a waiver certificate." d_V3iS X ~pG~pcan be a civilian you arrange for at no expense to the Government or a military lawyer detailed for you at no expense to you, or both." (For civilians not subject to the UCMJ) You have the right to talk privately to a lawyer before, during, and after questioning and to have a lawyer present with you during questioning. This lawyer can be one you arrange for at your own expense, or if you cannot afford a lawyer and want one, a lawyer will be appointed for you before any questioning begins." Make certain the suspect/accused fully understands his/her rights. >0+ޏ{c6[X pp 1. If the supsect/accused has made spontaneous incriminating statements before being properly advised of his/her rights he/she should be told that such statements do not obligate him/her to answer further questions."0+ޏ{c[X "pn"pWHEN SUSPECT/ACCUSED REFUSES TO SIGN WAIVER CERTIFICATE: If the suspect/accused orally waives his/her rights but refuses to sign the waiver certificate, you may proceed with the questioning. Make notations on the waiver certificate to the effect that he/she has stated that he/she understands his/her rights, does not want a lawyer, wants to discuss the offense(s) under investigation, and refuses to sign the waiver certificate. IF WAIVER CERTIFICATE CANNOT BE COMPLETED IMMEDIATELY: In all cases the waiver certificate must be completed as soon as possible. Every effort should be made to complete the waiver certificate before any questioning begins. If the waiver certificate cannot be completed at once, as in the case of street interrogation, completion may be temporarily postponed. Notes should be kept on the circumstances. PRIOR INCRIMINATING STATEMENTS: xJn$ g1X "&n|;!41XPp&PpPART II - RIGHTS WARNING PROCEDURE"{cnt0X  COMMENT_B Hp'Hp COMMENTS (Continued) "V3n$  1appTHE WAIVER"Qޏ$ $[X pWp"Do you understand your rights?" (If the suspect/accused says "no," determine what is not understood, and if necessary repeat the appropriate rights advisement. If the suspect/accused says "yes," ask the following question.) "Have you ever requested a lawyer after being read your rights?" (If the suspect/accused says "yes," find out when and where. If the request was recent (i.e., fewer than 30 days ago), obtain legal advice whether to continue the interrogation. If the suspect/accused says "no," or if the prior request was not recent, ask him/her the following question.) Q6$ g$X pppp"Do you want a lawyer at this time?" (If the suspect/accused says "yes," stop the questioning until he/she has a lawyer. If the suspect/accused says "no," ask him/her the following question.) "At this time, are you willing to discuss the offense(s) under investigation and make a statement without talking to a lawyer and without having a lawyer present with you?" (If the suspect/accused says "no," stop the interview and have him/her read and sign the non-waiver section of the waiver certificate on the other side of this form. If the suspect/accused says "yes," have him/her read and sign the waiver section of the waiver certificate on the other side of this form.) 3n DtXppUSAPA V2.01"w$StX  BpBpREVERSE OF DA FORM 3881"&n!t1y$IͿ1&@gosGG1"ζ s`pFF:Δd|ѿ!d 'p!ϦdGG|ѿGGIB\e\Sy$IͿ1&@gosGG1"ζ PerForm Pro DEFDB 2.01C:\WINDOWS\TEMP\DF000002\A3881.DBFPrimary DatabasedBASEk! LOCATIONC<DATEC TIMECFILE_NOCNAMEC<SSNC GRADECORGZATNCRIGHTS_AC<RIGHTS_BCxACCUSEDCxCOMMENTCB1_NAMECxB1_ORGANCB2_NAMECxB2_ORGANCSIGN_INVWCxSIGN_INVGCxB_INVESTCxB_ORGANCWANT_LAWLNO_QUESTLSIGN_INVECxCOMMENT_BM NN A3881Form DataBase Set FiledBASEDBEDBASE.DLLK C:\WINDOWS\TEMP\DF000002\A3881.DBFC:\WINDOWS\TEMP\DF000002\A3881.DBF