Under what circumstance does a soldier not have the right to refuse an Article 15 and demand trial by court martial?

When in the field

When aboard a ship

A soldier does not have the right to refuse an Article 15 and demand trial by court martial when aboard a ship. This is grounded in military law, specifically under the Uniform Code of Military Justice (UCMJ).

When a service member is aboard a ship, they may be subject to different regulations and protocols that pertain specifically to naval operations. The environment at sea can impose unique circumstances where immediate disciplinary actions are necessary to maintain order and discipline among the crew. In such scenarios, a commanding officer has the discretion to handle minor offenses through the Article 15 process without the soldier being able to refuse it. This is because the efficiency and welfare of the crew aboard a vessel may demand that issues be resolved swiftly, thus limiting the soldier's options regarding their right to a trial.

In contrast, during circumstances such as being in the field, on leave, or under investigation, the procedures and rights concerning Article 15 may offer more flexibility for soldiers to opt for a court martial in lieu of non-judicial punishment.

When on leave

When under investigation

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