MD83 crew and a military T37 had less than legal separation in aus class C airspace.

Attributes
ACN	613934
Time
Date	200404
Day	Sat
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : aus.airport
State Reference	TX
Altitude	msl bound lower : 3000 msl bound upper : 4000
Aircraft 1
Controlling Facilities	tracon : aus.tracon tracon : zzz.tracon
Operator	common carrier : air carrier
Make Model Name	MD-83
Operating Under FAR Part	Part 121
Flight Phase	descent : approach
Flight Plan	IFR
Aircraft 2
Controlling Facilities	tracon : aus.tracon
Operator	other
Make Model Name	Cessna 318 (T-37)
Operating Under FAR Part	Part 91
Flight Phase	climbout : intermediate altitude
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
ASRS Report	613934
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Events
Anomaly	altitude deviation : overshoot conflict : airborne critical inflight encounter : weather non adherence : clearance non adherence : far non adherence : published procedure
Independent Detector	aircraft equipment : tcas other flight crewa other flight crewb
Resolutory Action	controller : issued alert flight crew : took evasive action
Consequence	faa : investigated faa : reviewed incident with flight crew other
Miss Distance	horizontal : 6000 vertical : 0
Supplementary
Problem Areas	Flight Crew Human Performance Aircraft
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

While deviating for WX on approach for aus airport, we were above a layer of clouds at 4000 ft. The co-pilot noticed an aircraft (T37) on the TCASII that was within 7 NM and starting to climb from 3000 ft towards us. A few seconds later, TCASII advised 'monitor speed' followed by 'descend.' we simultaneously saw the T37 pop out of the clouds in front of us. We followed the RA. We believe the T37 was within 1 mi at its closest point. Approach questioned the T37 about why they were at 4000 ft instead of 3000 ft and also read them a phone number to call after landing. We returned to flight path, rest uneventful.

Original NASA ASRS Text

Title: MD83 CREW AND A MIL T37 HAD LESS THAN LEGAL SEPARATION IN AUS CLASS C AIRSPACE.

Narrative: WHILE DEVIATING FOR WX ON APCH FOR AUS ARPT, WE WERE ABOVE A LAYER OF CLOUDS AT 4000 FT. THE CO-PLT NOTICED AN ACFT (T37) ON THE TCASII THAT WAS WITHIN 7 NM AND STARTING TO CLB FROM 3000 FT TOWARDS US. A FEW SECONDS LATER, TCASII ADVISED 'MONITOR SPD' FOLLOWED BY 'DSND.' WE SIMULTANEOUSLY SAW THE T37 POP OUT OF THE CLOUDS IN FRONT OF US. WE FOLLOWED THE RA. WE BELIEVE THE T37 WAS WITHIN 1 MI AT ITS CLOSEST POINT. APCH QUESTIONED THE T37 ABOUT WHY THEY WERE AT 4000 FT INSTEAD OF 3000 FT AND ALSO READ THEM A PHONE NUMBER TO CALL AFTER LNDG. WE RETURNED TO FLT PATH, REST UNEVENTFUL.

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.