127. Loss of proceeding. - (1) If before confirmation the original proceedings of a court-martial, or any part thereof, are lost, a copy thereof, if any certified by the presiding officer of or the judge-advocate at the court-martial may be accepted in lieu of the original.
(2) If there is no such copy, and sufficient evidence of the charge, finding sentence, and transactions of the court can be procured, that evidence may, with the consent of the accused, be accepted in lieu of the original proceedings, or part thereof lost.
(3) In any case mentioned above the finding and sentence may be confirmed, and shall be as valid as if the original proceedings, or part thereof, had not been lost.
(4) If the proceedings, or part there of, were lost before confirmation, and there is no such copy or evidence, or the accused refuses such consent as mentioned above, the accused may be tried again, and on the issue of an order convening the court for the trial, the finding and sentence of the previous court, of which the proceedings were so lost, shall be null.
(5) If, after confirmation, the original proceedings of a court-martial of any part thereof are lost and there is sufficient evidence of the charge, finding sentence, and transactions of the court, and of the confirmation of the finding and sentence, that evidence shall be valid and sufficient record of the trial for all purposes.
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