Narrative:

I was checking on the passenger's status in the cabin and was seated just behind the main cabin door. I felt the plane make a nose down adjustment and observed the first officer start a normal descent. Shortly after the descent was initiated; I felt another pitch change; this time in the up direction; and glanced forward to the cockpit. I saw the first officer start to initiate a climb and reflect the dedicated 'traffic' screen on the mfd. At the same time I heard a 'traffic' callout from the TCAS and observed a yellow target on the mfd. I quickly took my seat in the cockpit assessing the situation. The altitude alerter was set to FL380; the first officer was climbing through FL393; and I heard ATC issue an air carrier jet an immediate descent clearance. I assumed control authority/authorized 'I got it;' clicked off the autoplt; and initiated a 'hard-up' climb with an aggressive push at the end to level at FL400. I then immediately announced to ATC that 'aircraft X is level at 400.' ATC confirmed this and issued a 'maintain 400' clearance. Upon review with the first officer; he was issued a descent clearance to FL380 from FL400 and acknowledged. He commenced a descent and was midway through when he got the alert. A review of events and a conversation with ATC yielded the following: ATC did issue the descent clearance in error; they did apologize and made the statement we (the crew) did nothing wrong. The crew responded correctly to a TCAS callout by acquiring the target visually; initiating an escape maneuver; and then informing ATC of the deviation. I feel the flight crew did everything right and can't think of anything on our end to add to avoid the event. ATC made a mistake for reasons unknown and the onboard equipment and procedures worked correctly to allow a successful outcome.

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Original NASA ASRS Text

Title: LEAR35 FLT CREW REPORTS TCAS TA AT FL390 WITH B737. FLT CREW ELECTS TO CLIMB BACK TO FL400 AND NO RA IS GENERATED.

Narrative: I WAS CHKING ON THE PAX'S STATUS IN THE CABIN AND WAS SEATED JUST BEHIND THE MAIN CABIN DOOR. I FELT THE PLANE MAKE A NOSE DOWN ADJUSTMENT AND OBSERVED THE FO START A NORMAL DSCNT. SHORTLY AFTER THE DSCNT WAS INITIATED; I FELT ANOTHER PITCH CHANGE; THIS TIME IN THE UP DIRECTION; AND GLANCED FORWARD TO THE COCKPIT. I SAW THE FO START TO INITIATE A CLB AND REFLECT THE DEDICATED 'TFC' SCREEN ON THE MFD. AT THE SAME TIME I HEARD A 'TFC' CALLOUT FROM THE TCAS AND OBSERVED A YELLOW TARGET ON THE MFD. I QUICKLY TOOK MY SEAT IN THE COCKPIT ASSESSING THE SITUATION. THE ALT ALERTER WAS SET TO FL380; THE FO WAS CLBING THROUGH FL393; AND I HEARD ATC ISSUE AN ACR JET AN IMMEDIATE DSCNT CLRNC. I ASSUMED CTL AUTH 'I GOT IT;' CLICKED OFF THE AUTOPLT; AND INITIATED A 'HARD-UP' CLB WITH AN AGGRESSIVE PUSH AT THE END TO LEVEL AT FL400. I THEN IMMEDIATELY ANNOUNCED TO ATC THAT 'ACFT X IS LEVEL AT 400.' ATC CONFIRMED THIS AND ISSUED A 'MAINTAIN 400' CLRNC. UPON REVIEW WITH THE FO; HE WAS ISSUED A DSCNT CLRNC TO FL380 FROM FL400 AND ACKNOWLEDGED. HE COMMENCED A DSCNT AND WAS MIDWAY THROUGH WHEN HE GOT THE ALERT. A REVIEW OF EVENTS AND A CONVERSATION WITH ATC YIELDED THE FOLLOWING: ATC DID ISSUE THE DSCNT CLRNC IN ERROR; THEY DID APOLOGIZE AND MADE THE STATEMENT WE (THE CREW) DID NOTHING WRONG. THE CREW RESPONDED CORRECTLY TO A TCAS CALLOUT BY ACQUIRING THE TARGET VISUALLY; INITIATING AN ESCAPE MANEUVER; AND THEN INFORMING ATC OF THE DEV. I FEEL THE FLT CREW DID EVERYTHING RIGHT AND CAN'T THINK OF ANYTHING ON OUR END TO ADD TO AVOID THE EVENT. ATC MADE A MISTAKE FOR REASONS UNKNOWN AND THE ONBOARD EQUIP AND PROCS WORKED CORRECTLY TO ALLOW A SUCCESSFUL OUTCOME.

Data retrieved from NASA's ASRS site as of May 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.