DA Form 4833

DA Form 4833

February 15, 2025

DA Form 4833, available at this link, is used by Army CID agents and MPs to document their investigations. Specifically, a DA Form 4833 contains the following information:

  • the name, rank, date of birth, and social security number of the subject of any investigation;
  • the military offenses for which the CID agent or MP determines there is probable cause that the subject committed;
  • what actions were taken against the subject of the investigation; and,
  • the ultimate disposition of the charges listed

A DA Form 4833 is not used for 15-6 investigations, only CID and MP investigations.

A DA Form 4833 should list all adverse action taken against the subject of the investigation. This could include no action, a letter of concern, a GOMOR, an Article 15, an administrative separation (enlisted), an elimination action (officers), and/or a court-martial.

Any charges listed on a DA Form 4833 feed into the National Criminal Information Center (NCIC) database.  Anyone that runs a federal criminal background check on someone will have access to all information in the NCIC database.  Therefore, the UCMJ offenses listed a DA Form 4833 will ultimately be viewed by anyone who runs a federal criminal background check.  Even if no action was taken against the subject, if probable cause was determined by CID/MPs, the individual running the background check will believe that the subject was arrested for the offenses listed. While Soldiers are not physically arrested, they are "arrested" legally, if probable cause is determined.  Most Soldiers are unaware of this occurring.

Anyone who is curious about whether or not any charges are listed on their Federal Background Check can easily check by following the instructions at this link.  If any charges are listed, that means there is a DA Form 4833 feeding into the NCIC database.

If anyone has charges in the NCIC database from a DA Form 4833, it can cause significant employment issues once the individual in question has left the Army.  Additionally, it is common for the CID agent or MP investigator to not properly close out the form, making it look like the subject is still under a current law enforcement investigation. This can lead to significant issues for the subject of the investigation.

In order to remove, or amend, the charges contained on a federal background check, or properly closeout the investigation, a titling appeal must be submitted.  Such an appeal should contain evidence, or a legal argument from a lawyer, explaining why there is not probable cause that the subject of the investigation committed the listed offenses or that the investigation was closed out and should no longer be open.  An experienced Military lawyer should be retained to increase the chances of success.

This Article was written by Attorney Matthew Barry. Attorney Barry is highly rated by former clients and has a proven track record of success.

The Law Office of Matthew Barry represents Soldiers worldwide. He has offices on the East Coast, West Coast, and in the Central U.S.

Attorney Barry and his team represent Servicemembers and Veterans all around the world, and is experienced with titling appeals and DA form 4833 amendment requests.

Contact us today for a free consultation to start building your Defense.