Narrative:

On a loupe 9 departure. While steady on a 120 degree heading at 5000 ft, departure issued us the following clearance: aircraft #1 cleared to turn to the VOR at your discretion climb to 12000 ft by the VOR, climb unrestr to FL230. I read back: aircraft #1 is cleared to turn to the VOR at our discretion and climb to FL230, to be at the VOR at or above 12000 ft. We then got a frequency change to 119.47 and I checked in: aircraft #1 passing 12800 ft to FL230. We were within 2 NM of the VOR. The controller rogered our check-in and told us to stop our climb at 13000 ft. I replied that we would level at 13000 ft, but were passing 13300 ft at that time. A few seconds later, as we were approaching the leveloff from above, he reclred us to climb to FL230. Upon arrival at dfw I contacted ZOA and was xferred to bay approach and spoke with a controller. He told me that the tape revealed a miscom between departure and me. They said to cross the VOR at 12000 ft and then unrestr climb to FL230. I read back what I thought was their clearance to climb unrestr to FL230 and pass the VOR at or above 12000 ft. Supplemental information from acn 406155: ZOA asked if bay departure had lifted restr and captain told him the clearance we thought we had been given. In retrospect, we should have questioned the unrestr climb deleting the crossing restr at sjc VOR, but felt the readback was correct.

Related reports:

Google
 

Original NASA ASRS Text

Title: ACR B767 FLC INCORRECTLY READ BACK DEP SID CLRNC, MISSING SID XING RESTR. TRACON DEP CTLR MISSED INCORRECT READBACK AND ASSIGNED COM XFER TO ARTCC. ARTCC CTLR OBSERVED HIGHER SID ALT AND ISSUED NEW ALT CLRNC. PLT CTLR REVIEW AFTER REACHING DEST CONFIRMS CTLR DID NOT CATCH INCORRECT READBACK.

Narrative: ON A LOUPE 9 DEP. WHILE STEADY ON A 120 DEG HDG AT 5000 FT, DEP ISSUED US THE FOLLOWING CLRNC: ACFT #1 CLRED TO TURN TO THE VOR AT YOUR DISCRETION CLB TO 12000 FT BY THE VOR, CLB UNRESTR TO FL230. I READ BACK: ACFT #1 IS CLRED TO TURN TO THE VOR AT OUR DISCRETION AND CLB TO FL230, TO BE AT THE VOR AT OR ABOVE 12000 FT. WE THEN GOT A FREQ CHANGE TO 119.47 AND I CHKED IN: ACFT #1 PASSING 12800 FT TO FL230. WE WERE WITHIN 2 NM OF THE VOR. THE CTLR ROGERED OUR CHK-IN AND TOLD US TO STOP OUR CLB AT 13000 FT. I REPLIED THAT WE WOULD LEVEL AT 13000 FT, BUT WERE PASSING 13300 FT AT THAT TIME. A FEW SECONDS LATER, AS WE WERE APCHING THE LEVELOFF FROM ABOVE, HE RECLRED US TO CLB TO FL230. UPON ARR AT DFW I CONTACTED ZOA AND WAS XFERRED TO BAY APCH AND SPOKE WITH A CTLR. HE TOLD ME THAT THE TAPE REVEALED A MISCOM BTWN DEP AND ME. THEY SAID TO CROSS THE VOR AT 12000 FT AND THEN UNRESTR CLB TO FL230. I READ BACK WHAT I THOUGHT WAS THEIR CLRNC TO CLB UNRESTR TO FL230 AND PASS THE VOR AT OR ABOVE 12000 FT. SUPPLEMENTAL INFO FROM ACN 406155: ZOA ASKED IF BAY DEP HAD LIFTED RESTR AND CAPT TOLD HIM THE CLRNC WE THOUGHT WE HAD BEEN GIVEN. IN RETROSPECT, WE SHOULD HAVE QUESTIONED THE UNRESTR CLB DELETING THE XING RESTR AT SJC VOR, BUT FELT THE READBACK WAS CORRECT.

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.