Section 400.865  Admissibility of Records of Courts of Inquiry

a)         In any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, 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 court of inquiry and if the same issue was involved or if the accused consents to the introduction of that evidence.

b)         The testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer.

c)         The testimony may also be read in evidence before a court of inquiry.  (Code Section 50)