(A) In any case , the sworn testimony contained in the duly authenticated record of proceedings of a board of officers of a person whose oral testimony cannot be obtained may, if otherwise admissible under the rules of evidence, be read in evidence by any party before a court-martial if the accused was a party before the board of officers and if the same issue was involved or if the accused consents to the introduction of such evidence .
(B) Such testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer.
(C) Such testimony may also be read in evidence before a court of inquiry or a board of officers.
Amended by 129th General AssemblyFile No.138, HB 490, §1, eff. 9/28/2012.
Effective Date: 10-10-1961 .
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