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B-214929 1 (1984-10-11)

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             COMPTROLLER GENERAL OF THE UNITED STATES
                            WASHINGTON O.C. 2054

B-214929                                   October 11, 1984



The Honorable Jim Sasser
Ranking Minority Member
Subcommittee on Military
  Construction
Committee on Appropriations
United States Senate

Dear Senator Sasser:

     This responds to your March 29, 1984 request that we
review several recent instances in which U.S. military train-
ing team (MTT) personnel in El Salvador have come under
hostile fire. You have asked us to determine the appllcabil-
ity of the war Powers Resolution or section 21(c) of tne Arms
Export Control Act to these events. Based upon our review of
the Department of Defense's (DOD's) account of these occur-
rences, we are unable to conclude that the events in question
were subject to the reporting requirements of either act. Our
conclusions are discussed in detail below.

                           BACKGROUND

     The events in question were first described by the De-
partment of Defense in an insert for the record of a March 20,
1984, joint hearing before the Military Construction Subcom-
mittees of the Senate Committee on Appropriations and Senate
Committee on Armed Services. In response to a request for
details of any instance in which MTT personnel at La Union or
San Miguel had come under hostile fire, DOD stated for the
record:

           MTT personnel billeted in the military
     quarters at San Miguel came under hostile fire
     on two occasions. In November 1983 and again in
     March 1984 a small group of insurgent forces
     attacked the camp but did not penetrate the
     perimeter and there were no injuries to U.S.
     personnel on either occasion. In February 1984
     U.S. MTT personnel at the Salvadoran Naval Base
     at La Union received sporadic sniper fire; there
     were no injuries.

     According to several press articles, this account was
officially revised on March 30, 1984, at which time a DOD
spokesman stated that the initial insert was prepared by a
staff officer who had not checked the facts, and that in
reality none of the attacks was directed at U.S. military
personnel. This revised account is also reflected in the

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