GN 00302.180 Exceptions to Material Discrepancy Development

A. Introduction

Based on study data, several situations have been identified in which a material discrepancy may be disregarded.

B. Policy

The documents listed below can be disregarded if discrepant only if the remaining evidence is sufficient to establish the DB. If a material element (month, first or second day, or year) of the DB is reflected only in a document which could otherwise be disregarded, the tolerance cannot be used.

There must be at least two separate documents which meet the criteria of GN 00302.115-GN 00302.118 unless otherwise specified in C. below.

Neither material discrepancy development nor a written determination is required when one of these tolerances is used.

C. Tolerances

Use this table to determine when an exception to material discrepancy development is permitted.

IF only discrepancy is caused by a...THEN...
Spouse's allegation on prior applicationBase the DB on automatically convincing evidence.
  
Marriage recordBase the DB on automatically convincing evidence only if there is one of the first five documents from the list in GN 00302.115 and a NUMIDENT (or, if none exists, another SSA record) in file.
  
Child's birth record  
  
Record other than a NUMIDENT (or, if none exists, another SSA record) or one of the first five documents from the list in GN 00302.115Base the DB on automatically convincing evidence only if the discrepant record was established later than one of the first five documents from the list in GN 00302.115 which is in file, and there is also a consistent NUMIDENT (or, if none exists, another SSA record) in file.
  
1910, 1920, or 1930 census recordFollow GN 00302.730.
  
  

NUMIDENT (or other SSA record used in lieu of a NUMIDENT)

  • Base the DB on automatically convincing evidence only if the allegation is supported by one of the first five documents from the list in GN 00302.115 in file and at least one other record which is at least 5 years old.

  • NOTE: Multiple NUMIDENT or other SSA records which show the same DB are considered one record for purposes of this exception.

  • List the claim under code 250 (DB established using SS-5 tolerance)

  • Where the NUMIDENT or other SSA records show more than one DB, apply the tolerance if:

    • no more than two materially different DB's are shown, and

    • one of the DB's on the NUMIDENT (SSA record) is supported by all other evidence in file.

 
  

D. Cross-reference

See GN 00302.110 C. for instructions where there is no NUMIDENT record and the DB on the E/R is discrepant.