Narrative:

I was working the bam lo and hi altitude sectors combined. I received a landline call from fallon desert control in reference to a spillout, which was occurring at the same time as the landline call, north of the austin 1 MOA (located south of the bam VORTAC). The spillout aircraft were 2 F-18's. The call sign of this flight was military Y and the 2 aircraft which spilled out were the #3 and #4 aircraft. The 2 spillout F-18's came in direct conflict with air carrier X. X was a B-727 en route from sjc to ord cruising at FL290. X received an RA from TCASII and executed an immediate descent of 600 ft to miss the F-18's. I asked fallon desert control if they issued the civilian traffic to the 2 spillout F-18's. Fallon replied that they had attempted to contact the F-18's on guard frequency, but had obtained no response. After the aircraft passed, X returned to FL290. In this incident the 2 targets merged and it is my belief that if the X aircraft had not taken evasive action there may have been a midair collision. As a note, military spillouts are very common. It is very frustrating to the ATC specialists because we have been told by management that the military cannot be turned in for an airspace deviation only a loss of separation deviation.

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Original NASA ASRS Text

Title: MIL Y SPILLOUT HAD LTSS FROM ACR X TCASII RA. EVASIVE ACTION TAKEN.

Narrative: I WAS WORKING THE BAM LO AND HI ALT SECTORS COMBINED. I RECEIVED A LANDLINE CALL FROM FALLON DESERT CTL IN REF TO A SPILLOUT, WHICH WAS OCCURRING AT THE SAME TIME AS THE LANDLINE CALL, N OF THE AUSTIN 1 MOA (LOCATED S OF THE BAM VORTAC). THE SPILLOUT ACFT WERE 2 F-18'S. THE CALL SIGN OF THIS FLT WAS MIL Y AND THE 2 ACFT WHICH SPILLED OUT WERE THE #3 AND #4 ACFT. THE 2 SPILLOUT F-18'S CAME IN DIRECT CONFLICT WITH ACR X. X WAS A B-727 ENRTE FROM SJC TO ORD CRUISING AT FL290. X RECEIVED AN RA FROM TCASII AND EXECUTED AN IMMEDIATE DSCNT OF 600 FT TO MISS THE F-18'S. I ASKED FALLON DESERT CTL IF THEY ISSUED THE CIVILIAN TFC TO THE 2 SPILLOUT F-18'S. FALLON REPLIED THAT THEY HAD ATTEMPTED TO CONTACT THE F-18'S ON GUARD FREQ, BUT HAD OBTAINED NO RESPONSE. AFTER THE ACFT PASSED, X RETURNED TO FL290. IN THIS INCIDENT THE 2 TARGETS MERGED AND IT IS MY BELIEF THAT IF THE X ACFT HAD NOT TAKEN EVASIVE ACTION THERE MAY HAVE BEEN A MIDAIR COLLISION. AS A NOTE, MIL SPILLOUTS ARE VERY COMMON. IT IS VERY FRUSTRATING TO THE ATC SPECIALISTS BECAUSE WE HAVE BEEN TOLD BY MGMNT THAT THE MIL CANNOT BE TURNED IN FOR AN AIRSPACE DEV ONLY A LOSS OF SEPARATION DEV.

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.