Narrative:

Cleared loop 9 departure out of sjc. After turning southeast, 120 degree heading, we were cleared direct right turn to sjc 'climb and maintain FL230 cross sjc at or above 12000 ft' or 'cross sjc at 12000 ft then climb and maintain FL230.' we thought we were given at or above 12000 ft. To this day we are still unsure. However, the next controller asked us what our clearance was. The SID says to cross sjc at 12000 ft. We crossed it in the climb at about 14000 ft. I believe this miscom (if it occurred) would be due to crew fatigue. We arrived in sjc at approximately XA30, bussed across town to sjc, expected to sleep during the middle of the day, then fly a red eye to boston that evening. Legal yes, practical no way! Supplemental information from acn 417358: both my copilot and I were sure we were cleared at or above 12000 ft, but the question from center brings that into question. Lesson learned: if a clearance is other than expected, verify. Also, it would have prevented any problem if we had checked in with the complete clearance, 'cross sjc at or above 12000 ft climbing to FL230,' when we went from departure control to center. That should get the controller's attention if it was other than what he expected.

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Original NASA ASRS Text

Title: A CLBING MLG CROSSES SJC VOR AT 14000 FT VERSUS THE REQUIRED 12000 FT AS DISPLAYED ON THE SID. CREW THOUGHT THEY WERE CLRED SJC '12000 FT OR ABOVE.'

Narrative: CLRED LOOP 9 DEP OUT OF SJC. AFTER TURNING SE, 120 DEG HDG, WE WERE CLRED DIRECT R TURN TO SJC 'CLB AND MAINTAIN FL230 CROSS SJC AT OR ABOVE 12000 FT' OR 'CROSS SJC AT 12000 FT THEN CLB AND MAINTAIN FL230.' WE THOUGHT WE WERE GIVEN AT OR ABOVE 12000 FT. TO THIS DAY WE ARE STILL UNSURE. HOWEVER, THE NEXT CTLR ASKED US WHAT OUR CLRNC WAS. THE SID SAYS TO CROSS SJC AT 12000 FT. WE CROSSED IT IN THE CLB AT ABOUT 14000 FT. I BELIEVE THIS MISCOM (IF IT OCCURRED) WOULD BE DUE TO CREW FATIGUE. WE ARRIVED IN SJC AT APPROX XA30, BUSSED ACROSS TOWN TO SJC, EXPECTED TO SLEEP DURING THE MIDDLE OF THE DAY, THEN FLY A RED EYE TO BOSTON THAT EVENING. LEGAL YES, PRACTICAL NO WAY! SUPPLEMENTAL INFO FROM ACN 417358: BOTH MY COPLT AND I WERE SURE WE WERE CLRED AT OR ABOVE 12000 FT, BUT THE QUESTION FROM CTR BRINGS THAT INTO QUESTION. LESSON LEARNED: IF A CLRNC IS OTHER THAN EXPECTED, VERIFY. ALSO, IT WOULD HAVE PREVENTED ANY PROB IF WE HAD CHKED IN WITH THE COMPLETE CLRNC, 'CROSS SJC AT OR ABOVE 12000 FT CLBING TO FL230,' WHEN WE WENT FROM DEP CTL TO CTR. THAT SHOULD GET THE CTLR'S ATTN IF IT WAS OTHER THAN WHAT HE EXPECTED.

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.