In a schema I set occursCountKind to "fixed" and had differing values for minOccurs and maxOccurs. The document was parsed based on the value of maxOccurs, and there was no schema definition error.

According to the spec:

"When dfdl:occursCountKind='fixed', then the xs:maxOccurs value is the fixed number of occurrences of the array elements. It is a schema definition error if xs:minOccurs is not equal to xs:maxOccurs."