Narrative:

While en route on an IFR flight plan from cak to ttn a near midair collision occurred between our small aircraft X and 3 twin engine jet fighters (Y). We were in level cruise at 7000 MSL on V276 12.2 DME west of the rav VORTAC when I noticed a large black object breaking through the tops of the cloud deck that was about 1500 ft below us. In about 2-3 seconds I realized that this object was a jet fighter as it crossed our nose at the same altitude and within 35-50 ft of our aircraft. I had difficulty maintaining control of my aircraft as a result of the wake turbulence from this fighter. Harrisburg approach had been working our flight and they did not provide any type of traffic warning. I immediately called the controller and asked him 'what the hell they were doing down there as we just had a jet fighter cross our nose within 35-50 ft at our altitude'. While saying this I saw 2 more fighters popping up through the cloud deck. 1 passed in front of us and the other passed behind us at our altitude and within 100 ft. I told the controller 'we had 2 more fighters come at us' to which he replied after all 3 fighters were well to the south of our aircraft, 'I show high speed aircraft to your southeast'. I told him that those were the 3 fighters that almost hit us. His communications after this incident seemed very nervous and no explanation was offered by harrisburg approach as to how this near miss had occurred. I find it very difficult to believe that the controller did not have radar contact with this flight of 3 fighters. I also do not understand why military pilots would bust up through a cloud deck without being in contact with ATC. Both the controller's lack of attention and the military pilots' lack of professionalism could have cost at least 5 lives and there is no excuse for this. Callback conversation with reporter revealed the following information: reporter has been in communication with a harrisburg FSDO inspector. The FSDO inspector allegedly told the reporter that the fgt aircraft were on a vr route at low altitude and 'popped up' through the cloud layer, and that they were not in communication with cxy TRACON until they were passing 8500 ft. The reporter claims that the FSDO inspector advised him that he (the inspector) knows the point of origin of the fgt aircraft, but cannot, or will not take further action because the reporter did not file a near miss report. The reporter further claims that he was chided by the inspector for filing a NASA/ASRS report, purportedly because in so doing the reporter has used up his immunity. The reporter indicated frustration with the investigatory process during the callback. Accordingly he was provided with the FAA safety hotline (an 800 #), in the event that he wished to pursue the matter.

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Original NASA ASRS Text

Title: NMAC BTWN PVT SMA X IN CRUISE AND 3 FGTS (Y).

Narrative: WHILE ENRTE ON AN IFR FLT PLAN FROM CAK TO TTN A NMAC OCCURRED BTWN OUR SMA X AND 3 TWIN ENG JET FIGHTERS (Y). WE WERE IN LEVEL CRUISE AT 7000 MSL ON V276 12.2 DME W OF THE RAV VORTAC WHEN I NOTICED A LARGE BLACK OBJECT BREAKING THROUGH THE TOPS OF THE CLOUD DECK THAT WAS ABOUT 1500 FT BELOW US. IN ABOUT 2-3 SECONDS I REALIZED THAT THIS OBJECT WAS A JET FIGHTER AS IT CROSSED OUR NOSE AT THE SAME ALT AND WITHIN 35-50 FT OF OUR ACFT. I HAD DIFFICULTY MAINTAINING CTL OF MY ACFT AS A RESULT OF THE WAKE TURB FROM THIS FIGHTER. HARRISBURG APCH HAD BEEN WORKING OUR FLT AND THEY DID NOT PROVIDE ANY TYPE OF TFC WARNING. I IMMEDIATELY CALLED THE CTLR AND ASKED HIM 'WHAT THE HELL THEY WERE DOING DOWN THERE AS WE JUST HAD A JET FIGHTER CROSS OUR NOSE WITHIN 35-50 FT AT OUR ALT'. WHILE SAYING THIS I SAW 2 MORE FIGHTERS POPPING UP THROUGH THE CLOUD DECK. 1 PASSED IN FRONT OF US AND THE OTHER PASSED BEHIND US AT OUR ALT AND WITHIN 100 FT. I TOLD THE CTLR 'WE HAD 2 MORE FIGHTERS COME AT US' TO WHICH HE REPLIED AFTER ALL 3 FIGHTERS WERE WELL TO THE S OF OUR ACFT, 'I SHOW HIGH SPEED ACFT TO YOUR SE'. I TOLD HIM THAT THOSE WERE THE 3 FIGHTERS THAT ALMOST HIT US. HIS COMS AFTER THIS INCIDENT SEEMED VERY NERVOUS AND NO EXPLANATION WAS OFFERED BY HARRISBURG APCH AS TO HOW THIS NEAR MISS HAD OCCURRED. I FIND IT VERY DIFFICULT TO BELIEVE THAT THE CTLR DID NOT HAVE RADAR CONTACT WITH THIS FLT OF 3 FIGHTERS. I ALSO DO NOT UNDERSTAND WHY MIL PLTS WOULD BUST UP THROUGH A CLOUD DECK WITHOUT BEING IN CONTACT WITH ATC. BOTH THE CTLR'S LACK OF ATTN AND THE MIL PLTS' LACK OF PROFESSIONALISM COULD HAVE COST AT LEAST 5 LIVES AND THERE IS NO EXCUSE FOR THIS. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFORMATION: RPTR HAS BEEN IN COM WITH A HARRISBURG FSDO INSPECTOR. THE FSDO INSPECTOR ALLEGEDLY TOLD THE RPTR THAT THE FGT ACFT WERE ON A VR RTE AT LOW ALT AND 'POPPED UP' THROUGH THE CLOUD LAYER, AND THAT THEY WERE NOT IN COM WITH CXY TRACON UNTIL THEY WERE PASSING 8500 FT. THE RPTR CLAIMS THAT THE FSDO INSPECTOR ADVISED HIM THAT HE (THE INSPECTOR) KNOWS THE POINT OF ORIGIN OF THE FGT ACFT, BUT CANNOT, OR WILL NOT TAKE FURTHER ACTION BECAUSE THE RPTR DID NOT FILE A NEAR MISS RPT. THE RPTR FURTHER CLAIMS THAT HE WAS CHIDED BY THE INSPECTOR FOR FILING A NASA/ASRS RPT, PURPORTEDLY BECAUSE IN SO DOING THE RPTR HAS USED UP HIS IMMUNITY. THE RPTR INDICATED FRUSTRATION WITH THE INVESTIGATORY PROCESS DURING THE CALLBACK. ACCORDINGLY HE WAS PROVIDED WITH THE FAA SAFETY HOTLINE (AN 800 #), IN THE EVENT THAT HE WISHED TO PURSUE THE MATTER.

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.