Under what circumstance does a soldier not have the right to refuse an article 15?

A soldier does not have the right to refuse an Article 15 when they are aboard a ship because the Uniform Code of Military Justice (UCMJ) specifies that the commanding officer has the authority to take disciplinary action under certain conditions in a maritime setting. Being on a ship often involves a tightly regulated environment where the chain of command needs to ensure discipline and order for the safety and operational readiness of the vessel.

In this context, the ability to refuse non-judicial punishment is generally limited, as the military structure requires prompt disciplinary action to address issues arising in a confined and often high-pressure environment such as on a ship. The ship's commander may choose to address misconduct expediently to maintain discipline over their crew, making it critical that soldiers comply with this process.

Other scenarios, such as being stationed in a foreign country or under special duty assignments, may provide some grounds for a soldier to potentially contest an Article 15. Additionally, being under investigation may lead to alternative disciplinary procedures or protections, contributing to the soldier's rights regarding non-judicial punishment.