Air carrier climbed to an altitude occupied by another aircraft resulting in less than standard sepa...

Attributes
ACN	138624
Time
Date	199003
Day	Fri
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : man
State Reference	FO
Altitude	msl bound lower : 28000 msl bound upper : 29500
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : lfff
Operator	common carrier : air carrier
Make Model Name	Widebody, Low Wing, 4 Turbojet Eng
Navigation In Use	Other
Flight Phase	cruise other
Flight Plan	IFR
Aircraft 2
Operator	other
Make Model Name	Fighter
Flight Phase	cruise other
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : flight engineer pilot : atp
Experience	flight time last 90 days : 100 flight time total : 16200 flight time type : 700
ASRS Report	138624
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : atp
Events
Anomaly	non adherence : published procedure non adherence : required legal separation other anomaly other
Independent Detector	other controllera
Resolutory Action	controller : issued new clearance
Consequence	Other
Miss Distance	horizontal : 18000 vertical : 0
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error

Narrative:

After departing paris, charles de gaulle, we were cleared to FL280. The controller asked what our requested altitude for the oceanic crossing was. I told him we were requesting FL330. He then cleared us to FL310, which was read back to him along with our flight number. While passing FL295 the controller, in a kind of panic, asked our altitude and I told him FL295 climbing to FL310 as he had previously cleared us. He said, 'expedite to FL280', which I promptly did. He had 2 fighters crossing at FL290 and FL310 about 2 or 3 mi ahead of us. The controller denied he issued the clearance but it was very clear the 3 of us and my readback to the controller was very clear. We had no reason to question the clearance since we had no way of being aware of the fighters operating on UHF frequency. We are at their mercy.

Original NASA ASRS Text

Title: ACR CLIMBED TO AN ALT OCCUPIED BY ANOTHER ACFT RESULTING IN LESS THAN STANDARD SEPARATION.

Narrative: AFTER DEPARTING PARIS, CHARLES DE GAULLE, WE WERE CLRED TO FL280. THE CTLR ASKED WHAT OUR REQUESTED ALT FOR THE OCEANIC XING WAS. I TOLD HIM WE WERE REQUESTING FL330. HE THEN CLRED US TO FL310, WHICH WAS READ BACK TO HIM ALONG WITH OUR FLT NUMBER. WHILE PASSING FL295 THE CTLR, IN A KIND OF PANIC, ASKED OUR ALT AND I TOLD HIM FL295 CLIMBING TO FL310 AS HE HAD PREVIOUSLY CLRED US. HE SAID, 'EXPEDITE TO FL280', WHICH I PROMPTLY DID. HE HAD 2 FIGHTERS XING AT FL290 AND FL310 ABOUT 2 OR 3 MI AHEAD OF US. THE CTLR DENIED HE ISSUED THE CLRNC BUT IT WAS VERY CLEAR THE 3 OF US AND MY READBACK TO THE CTLR WAS VERY CLEAR. WE HAD NO REASON TO QUESTION THE CLRNC SINCE WE HAD NO WAY OF BEING AWARE OF THE FIGHTERS OPERATING ON UHF FREQ. WE ARE AT THEIR MERCY.

Data retrieved from NASA's ASRS site as of July 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.

Air carrier climbed to an altitude occupied by another aircraft resulting in less than standard separation.