Patient Administration - Army Publishing Directorate - U.S. Army

(1) Attempt to arrange transfer to a VA or other Federal treatment facility.
(2) Coordinate with social work service to assist the NOK in making arrangements for the patient to include
contacting State and local agencies.
c. If none of the actions in b above can be taken, legal action may be considered. Legal action may vary depending
on the law of the State where the action is taken. Generally, once a hospital undertakes treatment of a patient, it must
act reasonably in removing the patient. Treatment must be continued if removal would or could aggravate the patient’s
condition or increase the risk of personal danger. The servicing SJA or legal advisor should be consulted if legal action
is contemplated.
5–12. Sick call
The daily assembly of sick and injured AD Soldiers for examination is established to provide routine medical
treatment. Such patients require DD Form 689. After examination, patients determined to be medically unsuitable for
duty will be admitted as an inpatient or placed in an observation bed status at the MTF.
5–13. Prisoner patients
a. One or more of the following recommendations will be made for disposition of military prisoner patients whose
sentences include punitive discharge or dismissal:
(1) Return to confinement to serve the remainder of the sentence. This recommendation is proper when the
condition for which a prisoner was hospitalized is in a satisfactory state of remission or control. This applies whether
or not the prisoner meets retention standards unless return to confinement will compromise his or her health or wellbeing
or prejudice the interests of the Government. When appropriate, an MEB will recommend assignment limitations.
A copy of the approved proceedings will be sent to the proper confinement officer. A cover letter may identify any
aspects of confinement that will medically affect the prisoner.
(2) Transfer to an MTF that furnishes specialty care if further treatment may result in substantial improvement.
Military prisoners requiring hospitalization at Army MTFs other than the local supporting hospital must be processed
through GPMRC.
(3) Remission of sentence by the Secretary of the Army, or change in type of discharge, concurrent with transfer to
a VA treatment facility or State institution, or release to care of NOK or to self-care. Transfer to a VA treatment
facility will be done only when the punitive discharge or dismissal from service did not result in a dishonorable
discharge.
(4) Transfer to a VA treatment facility or State institution upon expiration of sentence. Transfer to a VA treatment
facility will be done only when the punitive discharge or dismissal from service did not result in a dishonorable
discharge.
(5) Transfer under the provisions of AR 190-47 to a Federal correctional facility having medical or psychiatric
treatment facilities.
b. An MEBs recommended disposition for a prisoner may result in sentence remission, change in type discharge, or
transfer to a Federal correctional facility. The original and duplicate of the MEB proceedings will be sent through
Commander, USAMEDCOM, ATTN: MCPM, 2050 Worth Road, Fort Sam Houston, TX 78234-6000 for consideration
and action required by AR 190-47.
c. A prisoner hospitalized beyond the expiration of his or her confinement will be carried by the Army MTF as an
AD patient if punitive discharge or dismissal has not been finalized. If discharge or dismissal from the Army has been
accomplished and the sentence to confinement has expired, the person will be carried by the Army MTF as a pay
patient until disposition can be made.
d. The commander of the confinement facility is responsible for administrative control of the prisoner. When there is
an early expiration of sentence, and upon request of the MTF commander, the confinement facility commander may
administratively forfeit good conduct time according to AR 633-30/AFR 125-30. This may be done to permit final
action in the case before the prisoner’s sentence to confinement expires.
e. A prisoner who is eligible to meet a PEB according to AR 635-40 will not receive a disposition other than to an
Army MTF.
f. If a prisoner is not eligible for return to duty solely because of a mental disorder that arose after confinement, the
Secretary of the Army may substitute an administrative discharge for a discharge or dismissal executed according to
the sentence of a courts-martial. Similar action also may be taken when it appears after trial that, at the time of the
offense, the prisoner was not mentally responsible for his or her acts under accepted legal standards. Recommendations
for such action will be forwarded as outlined in b above.
g. Where the results of detailed psychiatric evaluation show that specialized neuropsychiatric treatment would not
result in a substantial improvement or that further evaluation and observation are not warranted, the prisoner will be
examined by an MEB. The board will be convened at the place of confinement to consider disposition.
h. Informational copies of correspondence regarding disposition of prisoner patients will be furnished the commander
of the appropriate confinement facility.
AR 40–400 27 January 2010
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