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The Armylawyer THE ARMY LAWYER Headquarters, Department of the Army November 2013 ARTICLES Where’s the Sodomy? A Guide for Prosecuting Prejudicial Sexual Relationships After the Possible Repeal of Sodomy Law Major Jayson L. Durden Getting the Job Done: Meaningfully Investigating Organizational Conflicts of Interest Major Travis P. Sommer Application of Article 2(c) of the UCMJ to Title 32 Soldiers Major T. Scott Randall TJAGLCS FEATURES Lore of the Corps A Deserter in France from 1944 to 1958: The Strange but True Case of Private Wayne E. Powers BOOK REVIEWS A Month in the Country Reviewed by Captain Joshua W. Johnson CLE NEWS CURRENT MATERIALS OF INTEREST Department of the Army Pamphlet 27-50-486 Editor, Captain Marcia Reyes Steward Assistant Editor, Major Keirsten H. Kennedy Technical Editor, Charles J. Strong The Army Lawyer (ISSN 0364-1287, USPS 490-330) is published monthly Authors should revise their own writing before submitting it for by The Judge Advocate General’s Legal Center and School, Charlottesville, publication, to ensure both accuracy and readability. The style guidance in Virginia, for the official use of Army lawyers in the performance of their paragraph 1-36 of Army Regulation 25-50, Preparing and Managing legal responsibilities. Individual paid subscriptions to The Army Lawyer are Correspondence, is extremely helpful. Good writing for The Army Lawyer available for $45.00 each ($63.00 foreign) per year, periodical postage paid at is concise, organized, and right to the point. It favors short sentences over Charlottesville, Virginia, and additional mailing offices (see subscription form long and active voice over passive. The proper length of an article for The on the inside back cover). POSTMASTER: Send any address changes to The Army Lawyer is “long enough to get the information across to the reader, Judge Advocate General’s Legal Center and School, 600 Massie Road, and not one page longer.” ATTN: ALCS-ADA-P, Charlottesville, Virginia 22903-1781. The opinions expressed by the authors in the articles do not necessarily reflect the view of Other useful guidance may be found in Strunk and White, The Elements The Judge Advocate General or the Department of the Army. Masculine or of Style, and the Texas Law Review, Manual on Usage & Style. Authors feminine pronouns appearing in this pamphlet refer to both genders unless the should follow The Bluebook: A Uniform System of Citation (19th ed. 2010) context indicates another use. and the Military Citation Guide (TJAGLCS, 17th ed. 2012). No compensation can be paid for articles. The Editor and Assistant Editor thank the Adjunct Editors for their invaluable assistance. The Board of Adjunct Editors consists of highly The Army Lawyer articles are indexed in the Index to Legal Periodicals, qualified Reserve officers selected for their demonstrated academic excellence the Current Law Index, the Legal Resources Index, and the Index to U.S. and legal research and writing skills. Prospective candidates may send Government Periodicals. The Army Lawyer is also available in the Judge Microsoft Word versions of their resumes, detailing relevant experience, to Advocate General’s Corps electronic reference library and can be accessed the Technical Editor at [email protected]. on the World Wide Web by registered users at http:// www.jagcnet.army.mil/ArmyLawyer and at the Library of Congress The Editorial Board of The Army Lawyer includes the Chair, website at http://www.loc.gov/rr/frd/MilitaryLaw/Army_Lawyer.html. Administrative and Civil Law Department; and the Director, Professional Writing Program. The Editorial Board evaluates all material submitted for Address changes for official channels distribution: Provide changes to publication, the decisions of which are subject to final approval by the Dean, the Editor, The Army Lawyer, The Judge Advocate General’s Legal Center The Judge Advocate General’s School, U.S. Army. and School, 600 Massie Road, ATTN: ALCS-ADA-P, Charlottesville, Virginia 22903-1781, telephone 1-800-552-3978 (press 1 and extension The Army Lawyer accepts articles that are useful and informative to Army 3396) or electronic mail to [email protected]. lawyers. This includes any subset of Army lawyers, from new legal assistance attorneys to staff judge advocates and military judges. The Army Lawyer Articles may be cited as: [author’s name], [article title], ARMY LAW., strives to cover topics that come up recurrently and are of interest to the Army [date], at [first page of article], [pincite]. JAG Corps. Prospective authors should search recent issues of The Army Lawyer to see if their topics have been covered recently. Lore of the Corps A Deserter in France from 1944 to 1958: The Strange but True Case of Private Wayne E. Powers .....................................................................................................................................1 Articles Where’s the Sodomy? A Guide for Prosecuting Prejudicial Sexual Relationships After the Possible Repeal of Sodomy Major Jayson L. Durden .........................................................................................................................4 Getting the Job Done: Meaningfully Investigating Organizational Conflicts of Interest Major Travis P. Sommer ........................................................................................................................16 Application of Article 2(c) of the UCMJ to Title 32 Soldiers Major T. Scott Randall ...........................................................................................................................29 Book Reviews A Month in the Country Reviewed by Captain Joshua W. Johnson .............................................................................................33 CLE News ................................................................................................................................................................37 Current Materials of Interest .............................................................................................................................42 Individual Paid Subscriptions to The Army Lawyer ................................................................ Inside Back Cover NOVEMBER 2013 • THE ARMY LAWYER • DA PAM 27-50-486 A Deserter in France from 1944 to 1958: The Strange but True Case of Private Wayne E. Powers Fred L. Borch Regimental Historian & Archivist On 22 March 1958, French police discovered a man took him into her home. The two lived together for the next concealed under the stairs in a home in Mont d’Origny, thirteen years.3 France. The man was soon revealed to be Private (PVT) Wayne E. Powers, an American Soldier who had deserted During this time period, Yvette Bleuse worked at a from his unit in mid-December 1944. Since that time, factory to support Powers and the five children they had Powers had been hiding out in France and, over the next together. As for Powers, he “remained in the house during thirteen years, had fathered five children with the French the daytime” and only went out at night “for a walk and owner of the home in which he had been caught. What some fresh air.” Occasionally, the French police would visit follows is the story of PVT Powers’s 1958 trial by court- the Bleuse home, as there were rumors that an American martial for desertion and its rather surprising aftermath. deserter was living there. Powers would avoid these gendarmes by hiding in a secret compartment under the Born in Chillicothe, Missouri, on 14 March 1921, stairs in the home—which he also did whenever other Wayne Eldridge Powers had worked as a farmer prior to strangers would come for a visit.4 being drafted in May 1943. After completing basic training in El Paso, Texas, he spent a brief time at Army installations After the French police turned Powers over to U.S. in California and New York before shipping out to England military authorities in March 1958, CID investigators asked in early 1944. According to the sworn statement that Powers him if he had intended to desert from the Army during the gave in French to an Army criminal investigator after his Battle of the Bulge. Powers denied that he had such an apprehension in March 1958, he remembered landing in intent. When then asked why he did not return to military Normandy on “9 or 10 June 1944.” Powers explained that control when “U.S. forces came back to France” after the he had been a truck driver in France for “five or six months” war, or notify the American embassy after 1945 that he was when, while on his way to an Army depot in Cherbourg, he living in France, PVT Powers explained that he “was had picked up a hitchhiker wearing an American uniform. scared.” He also said that if he had given himself up to the According to Powers, this hitchhiker later robbed him—at American authorities, this would have made his gunpoint—of both his truck and its contents. When Powers “companion” and “children whom I love very much . subsequently showed up without his truck, he was unhappy.”5 apprehended by agents belonging to the Army’s Criminal Investigation Division (CID). According to Powers, these Since Powers claimed to have lost the ability to speak agents accused him of being a “German spy” and beat him English (he claimed only to be able to understand it), and during questioning over the next several weeks.1 since Powers had not written to his father or his wife6 in Missouri for some thirteen years, the Army naturally Powers claimed to have been released by CID concluded that he intended
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