Narrative:

Air carrier X reported on frequency at FL290 with chop requesting flight conditions at FL330. FL330 was smooth with favorable winds. Air carrier X requested FL330. I checked for confliction with air carrier Y at FL310 and saw I had about 10-12 mi at the closest point. I climbed air carrier X to FL330. About 2 mins later I noticed air carrier Y deviating to the right of course. At about that time conflict alert activated. I issued a 20 degree left turn to air carrier X for traffic. He argued about the turn. I issued the turn to him again and then immediately turned air carrier Y 20 degrees to the left for traffic. The 2 aircraft passed with approximately 4.8 mi at FL310 and FL312 climbing. In my opinion the incident was caused by air carrier Y deviating off course and air carrier X not taking a turn when issued.

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Original NASA ASRS Text

Title: ACR WAS CLIMBED THROUGH ALT OF ANOTHER ACFT TO AVOID TURBULENCE. UNAUTH TURNS AND RELUCTANCE TO TAKE VECTORS RESULTED IN LESS THAN STANDARD SEPARATION.

Narrative: ACR X RPTED ON FREQ AT FL290 WITH CHOP REQUESTING FLT CONDITIONS AT FL330. FL330 WAS SMOOTH WITH FAVORABLE WINDS. ACR X REQUESTED FL330. I CHKED FOR CONFLICTION WITH ACR Y AT FL310 AND SAW I HAD ABOUT 10-12 MI AT THE CLOSEST POINT. I CLBED ACR X TO FL330. ABOUT 2 MINS LATER I NOTICED ACR Y DEVIATING TO THE RIGHT OF COURSE. AT ABOUT THAT TIME CONFLICT ALERT ACTIVATED. I ISSUED A 20 DEG LEFT TURN TO ACR X FOR TFC. HE ARGUED ABOUT THE TURN. I ISSUED THE TURN TO HIM AGAIN AND THEN IMMEDIATELY TURNED ACR Y 20 DEGS TO THE LEFT FOR TFC. THE 2 ACFT PASSED WITH APPROX 4.8 MI AT FL310 AND FL312 CLBING. IN MY OPINION THE INCIDENT WAS CAUSED BY ACR Y DEVIATING OFF COURSE AND ACR X NOT TAKING A TURN WHEN ISSUED.

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.