Narrative:

Navy lemoore went below minimums, nlc approach made verbal handoff on F18 VFR, squawking 7700, bingo to china lake (nid). I received handoff. F18 initial contact leaving FL180, requesting 40000 ft. I established radar contact, assigned FL190 for C12 traffic in nwbound at FL200 and called traffic to the F18. The F18 reported leaving FL210 and said he had seen the traffic. I coordinated with next sector for higher altitude and switched remaining aircraft to other frequencys. I assigned FL410 (bingo altitude) to the F18 and then rechked traffic pointed out to me by high altitude, B-737 sebound leaving FL350 for FL370 and already changed to los angeles frequency. I had F18 report altitude (he was climbing so fast the data block was XXX). F18 reported FL290, I asked if he could climb to be leaving FL390 in 1 min and he replied affirmative. I said report leaving. About 30 seconds later, I asked F18 to verify altitude. He reported FL360. I estimated 8 mi separation and told F18 to turn to 180 degree heading. He asked if traffic was 11 O'clock. I confirmed. F18 asked traffic altitude. I reported FL370. F18 said he would get above the traffic. About 5 mi apart 1 asked F18 to report leaving FL390. He rogered. I asked, say altitude, and he reported leaving FL390. For the bingo to nid, F18's are expecting climb to FL410. ATC does its best to accommodate. This F18 was VFR, entered positive control area without clearance and passed another aircraft without separation before ATC could give a clearance or quote traffic. F18 waiting for clearance would have been delayed for less than 1 min. Having seen to 7700 squawk and the performance of the F18 to that point, I was probably overly anxious to give the F18 his final requested altitude instead of temporarily assigning FL350 until the aircraft passed. The F18 may have been able level at this higher altitude without hurting performance too badly. Once he was climbed, the F18 was resistant to further instruction. He never did turn when told to. I discovered later that ZLA had turned the B737, this increased the lateral separation by probably 2 mi. While the pilot is the ultimate authority/authorized over his aircraft, entering the positive control area without clearance and resisting instructions makes it difficult for ATC to provide any service. This particular procedure is overly restrictive on the pilots, no divert other than nid is authority/authorized. Fresno air terminal this day was VFR and less than 30 mi away, but was not even considered.

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Original NASA ASRS Text

Title: F18 BINGO FUEL STATE CLB THROUGH OCCUPIED ALT HAD LTSS FROM B737. SYS ERROR.

Narrative: NAVY LEMOORE WENT BELOW MINIMUMS, NLC APCH MADE VERBAL HDOF ON F18 VFR, SQUAWKING 7700, BINGO TO CHINA LAKE (NID). I RECEIVED HDOF. F18 INITIAL CONTACT LEAVING FL180, REQUESTING 40000 FT. I ESTABLISHED RADAR CONTACT, ASSIGNED FL190 FOR C12 TFC IN NWBOUND AT FL200 AND CALLED TFC TO THE F18. THE F18 RPTED LEAVING FL210 AND SAID HE HAD SEEN THE TFC. I COORDINATED WITH NEXT SECTOR FOR HIGHER ALT AND SWITCHED REMAINING ACFT TO OTHER FREQS. I ASSIGNED FL410 (BINGO ALT) TO THE F18 AND THEN RECHKED TFC POINTED OUT TO ME BY HIGH ALT, B-737 SEBOUND LEAVING FL350 FOR FL370 AND ALREADY CHANGED TO LOS ANGELES FREQ. I HAD F18 RPT ALT (HE WAS CLBING SO FAST THE DATA BLOCK WAS XXX). F18 RPTED FL290, I ASKED IF HE COULD CLB TO BE LEAVING FL390 IN 1 MIN AND HE REPLIED AFFIRMATIVE. I SAID RPT LEAVING. ABOUT 30 SECONDS LATER, I ASKED F18 TO VERIFY ALT. HE RPTED FL360. I ESTIMATED 8 MI SEPARATION AND TOLD F18 TO TURN TO 180 DEG HDG. HE ASKED IF TFC WAS 11 O'CLOCK. I CONFIRMED. F18 ASKED TFC ALT. I RPTED FL370. F18 SAID HE WOULD GET ABOVE THE TFC. ABOUT 5 MI APART 1 ASKED F18 TO RPT LEAVING FL390. HE ROGERED. I ASKED, SAY ALT, AND HE RPTED LEAVING FL390. FOR THE BINGO TO NID, F18'S ARE EXPECTING CLB TO FL410. ATC DOES ITS BEST TO ACCOMMODATE. THIS F18 WAS VFR, ENTERED PCA WITHOUT CLRNC AND PASSED ANOTHER ACFT WITHOUT SEPARATION BEFORE ATC COULD GIVE A CLRNC OR QUOTE TFC. F18 WAITING FOR CLRNC WOULD HAVE BEEN DELAYED FOR LESS THAN 1 MIN. HAVING SEEN TO 7700 SQUAWK AND THE PERFORMANCE OF THE F18 TO THAT POINT, I WAS PROBABLY OVERLY ANXIOUS TO GIVE THE F18 HIS FINAL REQUESTED ALT INSTEAD OF TEMPORARILY ASSIGNING FL350 UNTIL THE ACFT PASSED. THE F18 MAY HAVE BEEN ABLE LEVEL AT THIS HIGHER ALT WITHOUT HURTING PERFORMANCE TOO BADLY. ONCE HE WAS CLBED, THE F18 WAS RESISTANT TO FURTHER INSTRUCTION. HE NEVER DID TURN WHEN TOLD TO. I DISCOVERED LATER THAT ZLA HAD TURNED THE B737, THIS INCREASED THE LATERAL SEPARATION BY PROBABLY 2 MI. WHILE THE PLT IS THE ULTIMATE AUTH OVER HIS ACFT, ENTERING THE PCA WITHOUT CLRNC AND RESISTING INSTRUCTIONS MAKES IT DIFFICULT FOR ATC TO PROVIDE ANY SVC. THIS PARTICULAR PROC IS OVERLY RESTRICTIVE ON THE PLTS, NO DIVERT OTHER THAN NID IS AUTH. FRESNO AIR TERMINAL THIS DAY WAS VFR AND LESS THAN 30 MI AWAY, BUT WAS NOT EVEN CONSIDERED.

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.