§ 5715. Admissibility of records of courts of inquiry. (a) Court-martial.--In any case not extending to dismissal or dishonorable discharge, 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 such evidence. (b) Use of testimony by defense.--Such testimony may be read in evidence only by the defense in cases extending to dismissal or dishonorable discharge. (c) Court of inquiry or military board.--Such testimony may also be read in evidence before a court of inquiry or a military board by either party.

§ 5715. Admissibility of records of courts of inquiry. (a) Court-martial.--In any case not extending to dismissal or dishonorable discharge, 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 such evidence. (b) Use of testimony by defense.--Such testimony may be read in evidence only by the defense in cases extending to dismissal or dishonorable discharge. (c) Court of inquiry or military board.--Such testimony may also be read in evidence before a court of inquiry or a military board by either party.