Admissibility of Records of Courts of Inquiry

(a)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)Such testimony may also be read in evidence before a court of inquiry or a military board.

(c)In all courts of inquiry both enlisted men and officers shall have the right to counsel and the right to cross examination of all witnesses. Testimony obtained in violation of this subsection cannot be read in evidence before a court of inquiry or court-martial except by the accused or with the consent of accused.