A320 flight crew advised ZDC they are unable to reach a time constraint higher requested altitude due to aircraft climb characteristics in turbulence.

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Attributes
ACN	610775
Time
Date	200403
Day	Tue
Local Time Of Day	0601 To 1200
Place
Locale Reference	airport : den.airport
State Reference	CO
Altitude	msl bound lower : 35000 msl bound upper : 39000
Environment
Flight Conditions	IMC
Weather Elements	Turbulence
Light	Night
Aircraft 1
Controlling Facilities	artcc : zdv.artcc
Operator	common carrier : air carrier
Make Model Name	A320
Operating Under FAR Part	Part 121
Flight Phase	cruise : enroute altitude change cruise : level
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : multi engine pilot : instrument pilot : commercial
Experience	flight time last 90 days : 250 flight time total : 5500 flight time type : 3500
ASRS Report	610775
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Events
Anomaly	altitude deviation : undershoot inflight encounter : turbulence non adherence : clearance other anomaly other
Independent Detector	other flight crewa other flight crewb
Resolutory Action	controller : issued new clearance flight crew : exited adverse environment other
Consequence	faa : assigned or threatened penalties faa : reviewed incident with flight crew other
Supplementary
Problem Areas	Environmental Factor Flight Crew Human Performance Weather ATC Human Performance Aircraft
Primary Problem	Environmental Factor

Narrative:

We had winds in excess of 100 KTS on the nose as we reached the front range south of denver. We were at FL350 and asked center if they had the winds at FL390. The winds were lighter, so we got clearance to FL390. It came with a time constraint. It was smooth when we were at FL350, but light turbulence soon reduced our climb performance and it was clear we would not meet the time constraint. We advised ZDV and our transmission seemed to be exactly what the controller didn't want to hear. He initiated a broadcast more than once that he would file a deviation, and turned us 40 degrees right. We received no traffic alerts on TCASII. We apologized, and let him know about the turbulence. He must have felt we were making excuses and explained we needed to make the clearance. What a helpless feeling. I'll take turbulence into account when accepting this sort of clearance even if it is not present at the time of my request. Conservative is safer.

Original NASA ASRS Text

Title: A320 FLT CREW ADVISED ZDC THEY ARE UNABLE TO REACH A TIME CONSTRAINT HIGHER REQUESTED ALT DUE TO ACFT CLB CHARACTERISTICS IN TURB.

Narrative: WE HAD WINDS IN EXCESS OF 100 KTS ON THE NOSE AS WE REACHED THE FRONT RANGE S OF DENVER. WE WERE AT FL350 AND ASKED CTR IF THEY HAD THE WINDS AT FL390. THE WINDS WERE LIGHTER, SO WE GOT CLRNC TO FL390. IT CAME WITH A TIME CONSTRAINT. IT WAS SMOOTH WHEN WE WERE AT FL350, BUT LIGHT TURB SOON REDUCED OUR CLB PERFORMANCE AND IT WAS CLR WE WOULD NOT MEET THE TIME CONSTRAINT. WE ADVISED ZDV AND OUR XMISSION SEEMED TO BE EXACTLY WHAT THE CTLR DIDN'T WANT TO HEAR. HE INITIATED A BROADCAST MORE THAN ONCE THAT HE WOULD FILE A DEV, AND TURNED US 40 DEGS R. WE RECEIVED NO TFC ALERTS ON TCASII. WE APOLOGIZED, AND LET HIM KNOW ABOUT THE TURB. HE MUST HAVE FELT WE WERE MAKING EXCUSES AND EXPLAINED WE NEEDED TO MAKE THE CLRNC. WHAT A HELPLESS FEELING. I'LL TAKE TURB INTO ACCOUNT WHEN ACCEPTING THIS SORT OF CLRNC EVEN IF IT IS NOT PRESENT AT THE TIME OF MY REQUEST. CONSERVATIVE IS SAFER.

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.