James Allgood v. Major General Thomas A. Kenan, Usa, Etc.

KOELSCH, Circuit Judge.

Appellee Allgood was inducted into the United States Army in February 1966, and was assigned to Fort Ord, California. After two weeks of recruit training, he absented himself without permission for some six weeks. Upon his return, while court-martial charges were pending, an Army psychiatrist, Doctor Jew-ett, examined Allgood and found him to have a “passive-dependent” personality disorder, and opined that Allgood was “basically unsuitable” for military' service ; he recommended that the Army consider discharging Allgood as unsuitable. AR 636-212. The Army, however,…