[§124A-75]  Admissibility of records ofcourts of inquiry.  (a)  In any case not extending to the dismissal of acommissioned officer, the sworn testimony, contained in the duly authenticatedrecord of proceedings of a court of inquiry, of a person whose oral testimonycannot 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 aparty before the court of inquiry and if the same issue was involved or if theaccused consents to the introduction of such evidence.

(b)  Such testimony may be read in evidenceonly by the defense in cases extending to the dismissal of a commissionedofficer.

(c)  Such testimony may also be read inevidence before a court of inquiry or a military board. [L 1982, c 171, pt of§2]