Narrative:

The captain was flying the mdw 3 departure off runway 31 at mdw. Departure control cleared us to 4000' on initial contact. The captain complied with the 'no east turn until 2100',' as stated on the SID. At approximately 3.5 DME I advised the captain to tighten the turn to remain within 4 mi. Shortly thereafter and as we were climbing through approximately 3700', departure control came across in a loud, excited voice, 'air carrier X, you are not complying with the SID...not even close.' he also stated there was traffic at 5000' descending into O'hare, and gave us a heading. We called the traffic in sight and I told departure that we showed a maximum of 4.7 DME from mdw. The controller said he saw it more like 6 mi. (Both of our DME's showed 4.7 maximum). During this exchange and as the captain was re-examining the SID, he inadvertently passed 4000', recognized his mistake and began descending. The aircraft reached an altitude of 4500'. In the descent the controller also advised, 'air carrier X, you were cleared to 4000'.' we obviously made a mistake and went outside the 4 DME limit before completing our initial turn. The tone of the controller's voice made us think we were grossly off the SID, which we were not. This confusion combined with the fact that we were within a few hundred ft of our level off altitude when the controller spoke, were big factors in contributing to our momentary altitude deviation.

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Original NASA ASRS Text

Title: ACR MLG DIVERTED FROM SID RESULTING IN LESS THAN STANDARD SEPARATION WITH ANOTHER ACFT MAKING AN APCH.

Narrative: THE CAPT WAS FLYING THE MDW 3 DEP OFF RWY 31 AT MDW. DEP CTL CLRED US TO 4000' ON INITIAL CONTACT. THE CAPT COMPLIED WITH THE 'NO E TURN UNTIL 2100',' AS STATED ON THE SID. AT APPROX 3.5 DME I ADVISED THE CAPT TO TIGHTEN THE TURN TO REMAIN WITHIN 4 MI. SHORTLY THEREAFTER AND AS WE WERE CLBING THROUGH APPROX 3700', DEP CTL CAME ACROSS IN A LOUD, EXCITED VOICE, 'ACR X, YOU ARE NOT COMPLYING WITH THE SID...NOT EVEN CLOSE.' HE ALSO STATED THERE WAS TFC AT 5000' DSNDING INTO O'HARE, AND GAVE US A HDG. WE CALLED THE TFC IN SIGHT AND I TOLD DEP THAT WE SHOWED A MAX OF 4.7 DME FROM MDW. THE CTLR SAID HE SAW IT MORE LIKE 6 MI. (BOTH OF OUR DME'S SHOWED 4.7 MAX). DURING THIS EXCHANGE AND AS THE CAPT WAS RE-EXAMINING THE SID, HE INADVERTENTLY PASSED 4000', RECOGNIZED HIS MISTAKE AND BEGAN DSNDING. THE ACFT REACHED AN ALT OF 4500'. IN THE DSCNT THE CTLR ALSO ADVISED, 'ACR X, YOU WERE CLRED TO 4000'.' WE OBVIOUSLY MADE A MISTAKE AND WENT OUTSIDE THE 4 DME LIMIT BEFORE COMPLETING OUR INITIAL TURN. THE TONE OF THE CTLR'S VOICE MADE US THINK WE WERE GROSSLY OFF THE SID, WHICH WE WERE NOT. THIS CONFUSION COMBINED WITH THE FACT THAT WE WERE WITHIN A FEW HUNDRED FT OF OUR LEVEL OFF ALT WHEN THE CTLR SPOKE, WERE BIG FACTORS IN CONTRIBUTING TO OUR MOMENTARY ALT DEVIATION.

Data retrieved from NASA's ASRS site as of August 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.