(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