Small aircraft pilot bounces through cloud tops at 5000' after VFR climb to 7000' is refused by ATC. Aircraft on IFR flight plan.

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Attributes
ACN	114821
Time
Date	198906
Day	Sat
Local Time Of Day	0601 To 1200
Place
Locale Reference	atc facility : ocn
State Reference	CA
Altitude	msl bound lower : 5000 msl bound upper : 7000
Environment
Flight Conditions	Mixed
Light	Daylight
Aircraft 1
Controlling Facilities	tower : hgr
Operator	general aviation : personal
Make Model Name	Small Aircraft, High Wing, 1 Eng, Fixed Gear
Flight Phase	cruise other
Route In Use	enroute airway : v23
Flight Plan	IFR
Person 1
Affiliation	Other
Function	flight crew : single pilot
Qualification	pilot : instrument pilot : private
Experience	flight time last 90 days : 10 flight time total : 390 flight time type : 100
ASRS Report	114821
Person 2
Affiliation	government : faa
Function	controller : approach
Qualification	controller : radar
Events
Anomaly	other anomaly other
Independent Detector	other controllera other flight crewa
Resolutory Action	none taken : anomaly accepted
Consequence	Other
Supplementary
Primary Problem	Ambiguous
Air Traffic Incident	other

Narrative:

In and out of the cloud tops at 5000' MSL I requested VFR climb to 7000'. The controller did not understand and asked me to repeat request. I did! He then asked if I wished to 'cancel IFR'. I then realized he did not understand that we could 'climb VFR' and still be on an IFR flight plan. Needless to say, we spent the next 25 uncomfortable minutes bouncing around in an area with no TCA above us and only an arsa below. We were allowed 7000' MSL at ocn VOR.

Original NASA ASRS Text

Title: SMA PLT BOUNCES THROUGH CLOUD TOPS AT 5000' AFTER VFR CLIMB TO 7000' IS REFUSED BY ATC. ACFT ON IFR FLT PLAN.

Narrative: IN AND OUT OF THE CLOUD TOPS AT 5000' MSL I REQUESTED VFR CLIMB TO 7000'. THE CTLR DID NOT UNDERSTAND AND ASKED ME TO REPEAT REQUEST. I DID! HE THEN ASKED IF I WISHED TO 'CANCEL IFR'. I THEN REALIZED HE DID NOT UNDERSTAND THAT WE COULD 'CLIMB VFR' AND STILL BE ON AN IFR FLT PLAN. NEEDLESS TO SAY, WE SPENT THE NEXT 25 UNCOMFORTABLE MINUTES BOUNCING AROUND IN AN AREA WITH NO TCA ABOVE US AND ONLY AN ARSA BELOW. WE WERE ALLOWED 7000' MSL AT OCN VOR.

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.