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. 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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