DA Form 3497: Counsel’s Oath – Guide & PDF Download – DA Form 3497, titled Counsel’s Oath, is an official U.S. Army form used to administer and document the oath taken by military attorneys (Judge Advocate General’s Corps – JAG) and qualified civilian lawyers serving as counsel in courts-martial and other military justice proceedings.
Released on September 1, 2002 (DA FORM 3497, SEP 2002), it replaced the obsolete DA FORM 3497-R from September 1980. The form is referenced in Army Regulation (AR) 27-10, Military Justice, and its proponent agency is the Office of The Judge Advocate General (OTJAG).
This one-page form formally records the counsel’s commitment to faithfully perform their duties under the Uniform Code of Military Justice (UCMJ).
Download DA Form 3497 PDF Here: Official DA Form 3497 (Counsel’s Oath)
Purpose of DA Form 3497 Counsel’s Oath
The primary purpose of DA Form 3497 is to ensure that all counsel (trial counsel, defense counsel, and assistants) are properly sworn before participating in courts-martial proceedings. It upholds the integrity of the military justice system by requiring a formal oath or affirmation.
Key elements include:
- The counsel swears or affirms to faithfully perform duties in any case where they are requested or detailed.
- Certification that the individual has been duly certified as qualified for duty as counsel before courts-martial by The Judge Advocate General.
- Administration of the oath by a qualified officer empowered under UCMJ Article 136(a).
This oath is a foundational requirement for JAG officers and other qualified counsel to practice in Army military courts.
Who Needs to Complete DA Form 3497?
- JAG Corps Officers: Newly certified or detailed military attorneys.
- Civilian Lawyers: Qualified civilians serving as counsel under supervision or specific authorization.
- Trial and Defense Counsel: Including assistants in general and special courts-martial.
According to AR 27-10, the JAGC will take the oath on DA Form 3497 before an officer qualified to administer oaths pursuant to UCMJ Article 136(a). One copy is typically retained by the JA who took the oath, with another filed appropriately.
How to Fill Out DA Form 3497 Step by Step?
While the official form does not come with separate detailed instructions, the process follows standard oath administration procedures in AR 27-10:
- Counsel Section: The individual fills in their name and completes the oath language: “I, [Name], do (swear) (affirm) that I will faithfully perform the duties of counsel in any case in which I am individually requested or detailed… (So help me God).”
- Signature: The counsel signs the form.
- Administering Officer Section: A qualified officer (empowered under UCMJ Article 136(a)) certifies that the oath/affirmation was administered. This includes date, location, and the officer’s signature and title.
The form must be completed in the presence of the administering official. It becomes an official record once executed.
Pro Tip: Always use the most current version from the official Army Publishing Directorate (APD) site for compliance.
Importance in the Military Justice System
The Counsel’s Oath on DA Form 3497 reinforces ethical standards and professional responsibility. It binds counsel to uphold the UCMJ, ensuring fair and faithful representation in legal proceedings. This is critical for maintaining trust in the Army’s military justice process, protecting the rights of the accused, and supporting effective prosecution.
It is often required for JAG officers’ records and appears in contexts such as AMHRR (Army Military Human Resource Record) documentation for legal professionals.
Related Forms and Regulations
- DA Form 3496: Military Judge’s Oath (companion form).
- AR 27-10 (Military Justice): Primary regulation governing use of the form, oaths, and courts-martial procedures (current effective versions as of 2025 emphasize updated oath administration).
- UCMJ Article 136: Authority for administering oaths.
- Manual for Courts-Martial (MCM): Provides additional procedural context.
For the latest guidance, consult current AR 27-10 on official JAGC or Army sites.
Download and Access DA Form 3497
Official Download: DA Form 3497 PDF – Direct from Army Publishing Directorate.
The form is fillable and available through authorized military channels. JAG personnel should check with their unit SJA office or training resources for any local procedures.
This article is for informational purposes and is based on publicly available official sources. Always refer to the most current AR 27-10 and official Army guidance for compliance. Forms and regulations can be updated; verify with authoritative military sources.