Less than standard separation between 2 air carrier aircraft. Operational error.

Attributes
ACN	92840
Time
Date	198808
Day	Mon
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : psb
State Reference	PA
Altitude	msl bound lower : 23000 msl bound upper : 24000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zny artcc : zob
Operator	common carrier : air carrier
Make Model Name	Medium Large Transport, Low Wing, 2 Turbojet Eng
Flight Phase	climbout : intermediate altitude
Route In Use	enroute airway : j59 enroute airway : j36
Flight Plan	IFR
Aircraft 2
Operator	common carrier : air carrier
Make Model Name	Medium Large Transport, Low Wing, 2 Turbojet Eng
Flight Phase	cruise other
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 180 flight time total : 14000
ASRS Report	92840
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : instrument pilot : commercial
Events
Anomaly	conflict : airborne less severe non adherence : required legal separation
Independent Detector	other flight crewa
Resolutory Action	controller : issued new clearance none taken : detected after the fact
Consequence	faa : investigated
Miss Distance	horizontal : 15000 vertical : 500
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error Inter Facility Coordination Failure Intra Facility Coordination Failure

Narrative:

During climb out from syr out of 23500' we spotted air carrier Y at 12 O'clock and approximately 2-3 mi at FL240, crossing right to left. No evasive action was necessary but when I questioned the ATC controller she stated: 'I told you twice to level at 230.' she told us to immediately turn right 20 degrees. We neither heard nor acknowledged any clearance other than the original of climb to FL310. Another controller told us to continue to FL310 after we had turned right 20 degrees and nothing more was said. Since we change to many frequencys and different centers in this area, I'm not sure if it was north.Y., bos, or cle we were talking to, but the frequency was 132.17. This particular sector is subject to many heading changes (due to traffic) and frequency changes. I believe the cause was just due to human error.

Original NASA ASRS Text

Title: LESS THAN STANDARD SEPARATION BETWEEN 2 ACR ACFT. OPERATIONAL ERROR.

Narrative: DURING CLBOUT FROM SYR OUT OF 23500' WE SPOTTED ACR Y AT 12 O'CLOCK AND APPROX 2-3 MI AT FL240, XING RIGHT TO LEFT. NO EVASIVE ACTION WAS NECESSARY BUT WHEN I QUESTIONED THE ATC CTLR SHE STATED: 'I TOLD YOU TWICE TO LEVEL AT 230.' SHE TOLD US TO IMMEDIATELY TURN RIGHT 20 DEGS. WE NEITHER HEARD NOR ACKNOWLEDGED ANY CLRNC OTHER THAN THE ORIGINAL OF CLB TO FL310. ANOTHER CTLR TOLD US TO CONTINUE TO FL310 AFTER WE HAD TURNED RIGHT 20 DEGS AND NOTHING MORE WAS SAID. SINCE WE CHANGE TO MANY FREQS AND DIFFERENT CENTERS IN THIS AREA, I'M NOT SURE IF IT WAS N.Y., BOS, OR CLE WE WERE TALKING TO, BUT THE FREQ WAS 132.17. THIS PARTICULAR SECTOR IS SUBJECT TO MANY HDG CHANGES (DUE TO TFC) AND FREQ CHANGES. I BELIEVE THE CAUSE WAS JUST DUE TO HUMAN ERROR.

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