Cpr small aircraft has near midair collision with flight of 3 fgts.

Attributes
ACN	256929
Time
Date	199311
Day	Thu
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : rod
State Reference	OH
Altitude	msl bound lower : 8000 msl bound upper : 8000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Operator	general aviation : corporate
Make Model Name	Small Aircraft, Low Wing, 1 Eng, Retractable Gear
Flight Phase	cruise other
Route In Use	enroute : direct enroute airway : day
Flight Plan	IFR
Aircraft 2
Operator	other
Make Model Name	Fighter
Flight Phase	climbout : intermediate altitude
Flight Plan	VFR
Person 1
Affiliation	Other
Function	flight crew : single pilot
Qualification	pilot : instrument pilot : commercial
Experience	flight time last 90 days : 50 flight time total : 5000 flight time type : 3000
ASRS Report	256929
Person 2
Affiliation	government : faa
Function	controller : departure
Qualification	controller : radar
Events
Anomaly	conflict : nmac non adherence : far
Independent Detector	other flight crewa
Resolutory Action	none taken : insufficient time
Consequence	faa : reviewed incident with flight crew
Miss Distance	horizontal : 100 vertical : 0
Supplementary
Primary Problem	Flight Crew Human Performance

Narrative:

Flight of 3 fgt aircraft climbing slightly passed in front of my aircraft at 8000 ft MSL, altimeter 30.23. Called dayton controller who claimed he had advised of the traffic. In fact, no advisory was received. Controller was repeatedly stepped on by others transmitting. Slight wake turbulence was encountered as the fgts passed east to west in front of my small aircraft. No time for maneuvers. Did not see them as they came from below my right wing. Controller claimed fgts 'saw me' but no conversation was heard on the frequency (127.65). A slightly better separation than the 100 ft I was provided would have been preferable. At a minimum, the fgts should have been vectored behind me. In my view my aircraft had the right of way in level flight on an instrument clearance and this occurrence was inexcusable.

Original NASA ASRS Text

Title: CPR SMA HAS NMAC WITH FLT OF 3 FGTS.

Narrative: FLT OF 3 FGT ACFT CLBING SLIGHTLY PASSED IN FRONT OF MY ACFT AT 8000 FT MSL, ALTIMETER 30.23. CALLED DAYTON CTLR WHO CLAIMED HE HAD ADVISED OF THE TFC. IN FACT, NO ADVISORY WAS RECEIVED. CTLR WAS REPEATEDLY STEPPED ON BY OTHERS XMITTING. SLIGHT WAKE TURB WAS ENCOUNTERED AS THE FGTS PASSED E TO W IN FRONT OF MY SMA. NO TIME FOR MANEUVERS. DID NOT SEE THEM AS THEY CAME FROM BELOW MY R WING. CTLR CLAIMED FGTS 'SAW ME' BUT NO CONVERSATION WAS HEARD ON THE FREQ (127.65). A SLIGHTLY BETTER SEPARATION THAN THE 100 FT I WAS PROVIDED WOULD HAVE BEEN PREFERABLE. AT A MINIMUM, THE FGTS SHOULD HAVE BEEN VECTORED BEHIND ME. IN MY VIEW MY ACFT HAD THE RIGHT OF WAY IN LEVEL FLT ON AN INST CLRNC AND THIS OCCURRENCE WAS INEXCUSABLE.

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.