Narrative:

Air carrier X (dfw-lga) was level at FL350 on J42 at mol VOR. Aircraft Y; a lear jet; was previously climbed and properly responded to FL340. Traffic was issued just prior to both airplanes reaching the mol VOR. Air carrier X was told that the learjet was leveling at FL340. Aircraft Y responded that he didn't see the traffic but was looking for it. Aircraft Y then proceeded to climb without a clearance to FL350 -- head-on into air carrier X. Air carrier Y was asked to verify his altitude to be FL340 and he responded by saying no and that he was previously cleared to FL350. Aircraft Y was told to descend to FL340 and make an immediate right turn 30 degrees. Air carrier X was told to make an immediate right turn 40 degrees to which he responded and advised he was complying with an RA he was getting. Both targets merged into one at FL350 as the aircraft were evasively maneuvering to miss each other. Luckily; the targets both came out of the other side safely. Supplemental information from acn 713101: we were climbing out of FL330 for FL340 in the vicinity of mol VOR when given a frequency change. When the first officer checked in he evidently thought we were cleared to FL350. He dialed FL350 in the alerter without directing my attention to the new altitude. I was in the process of balancing fuel and did not see the change or hear the readback. The reason this occurred was departure from established procedure when selecting new altitudes and my failure to monitor the first officer's actions. The procedure for altitude changes and assignments is for the PNF to acknowledge; dial it in; and point to it until acknowledged by the PF.

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Original NASA ASRS Text

Title: ZDC CTLR DESCRIBED CONFLICT AT FL350 WHEN ACFT CLBED ABOVE ASSIGNED ALT AND CONFLICTED WITH OPPOSITE DIRECTION TFC.

Narrative: ACR X (DFW-LGA) WAS LEVEL AT FL350 ON J42 AT MOL VOR. ACFT Y; A LEAR JET; WAS PREVIOUSLY CLBED AND PROPERLY RESPONDED TO FL340. TFC WAS ISSUED JUST PRIOR TO BOTH AIRPLANES REACHING THE MOL VOR. ACR X WAS TOLD THAT THE LEARJET WAS LEVELING AT FL340. ACFT Y RESPONDED THAT HE DIDN'T SEE THE TFC BUT WAS LOOKING FOR IT. ACFT Y THEN PROCEEDED TO CLB WITHOUT A CLRNC TO FL350 -- HEAD-ON INTO ACR X. ACR Y WAS ASKED TO VERIFY HIS ALT TO BE FL340 AND HE RESPONDED BY SAYING NO AND THAT HE WAS PREVIOUSLY CLRED TO FL350. ACFT Y WAS TOLD TO DSND TO FL340 AND MAKE AN IMMEDIATE R TURN 30 DEGS. ACR X WAS TOLD TO MAKE AN IMMEDIATE R TURN 40 DEGS TO WHICH HE RESPONDED AND ADVISED HE WAS COMPLYING WITH AN RA HE WAS GETTING. BOTH TARGETS MERGED INTO ONE AT FL350 AS THE ACFT WERE EVASIVELY MANEUVERING TO MISS EACH OTHER. LUCKILY; THE TARGETS BOTH CAME OUT OF THE OTHER SIDE SAFELY. SUPPLEMENTAL INFO FROM ACN 713101: WE WERE CLBING OUT OF FL330 FOR FL340 IN THE VICINITY OF MOL VOR WHEN GIVEN A FREQ CHANGE. WHEN THE FO CHKED IN HE EVIDENTLY THOUGHT WE WERE CLRED TO FL350. HE DIALED FL350 IN THE ALERTER WITHOUT DIRECTING MY ATTN TO THE NEW ALT. I WAS IN THE PROCESS OF BALANCING FUEL AND DID NOT SEE THE CHANGE OR HEAR THE READBACK. THE REASON THIS OCCURRED WAS DEP FROM ESTABLISHED PROC WHEN SELECTING NEW ALTS AND MY FAILURE TO MONITOR THE FO'S ACTIONS. THE PROC FOR ALT CHANGES AND ASSIGNMENTS IS FOR THE PNF TO ACKNOWLEDGE; DIAL IT IN; AND POINT TO IT UNTIL ACKNOWLEDGED BY THE PF.

Data retrieved from NASA's ASRS site as of January 2009 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.