Air carrier was issued a climb through an occupied altitude resulting in less than standard separati...

Attributes
ACN	159602
Time
Date	199010
Day	Sun
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : hcn
State Reference	FO
Altitude	msl bound lower : 23000 msl bound upper : 24000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : mteg
Operator	common carrier : air carrier
Make Model Name	Large Transport, Low Wing, 3 Turbojet Eng
Flight Phase	climbout : intermediate altitude
Route In Use	enroute : other oceanic
Flight Plan	IFR
Aircraft 2
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Flight Phase	cruise other
Route In Use	enroute : other oceanic
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 : 11000
ASRS Report	159602
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : atp
Experience	flight time last 90 days : 150 flight time total : 6000
ASRS Report	161528
Events
Anomaly	non adherence : required legal separation non adherence : clearance other anomaly other
Independent Detector	other flight crewa
Resolutory Action	none taken : detected after the fact
Consequence	Other
Miss Distance	horizontal : 15000 vertical : 0
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error

Narrative:

We were climbing out of puerto plata nwbnd on a 636 between reyak and albee intxns. Our clearance was to cross albee intersection at FL240. As we were coming upon FL230 I saw an aircraft at our left front going from our 10:30 position toward our 4:30 position at about our altitude. Just as I decided that the other aircraft was going to pass well behind us, I heard another aircraft asking the ATC controller about traffic at his 12 O'clock and 3 mi. During the conversation it became apparent that we were the traffic he saw. Later a ZMA controller told me that we may have passed within 2.5 mi of the other aircraft at nearly the same altitude. I did see the other aircraft, but it was not a near miss. We did not need to alter our course.

Original NASA ASRS Text

Title: ACR WAS ISSUED A CLIMB THROUGH AN OCCUPIED ALT RESULTING IN LESS THAN STANDARD SEPARATION.

Narrative: WE WERE CLBING OUT OF PUERTO PLATA NWBND ON A 636 BTWN REYAK AND ALBEE INTXNS. OUR CLRNC WAS TO CROSS ALBEE INTXN AT FL240. AS WE WERE COMING UPON FL230 I SAW AN ACFT AT OUR LEFT FRONT GOING FROM OUR 10:30 POS TOWARD OUR 4:30 POS AT ABOUT OUR ALT. JUST AS I DECIDED THAT THE OTHER ACFT WAS GOING TO PASS WELL BEHIND US, I HEARD ANOTHER ACFT ASKING THE ATC CTLR ABOUT TFC AT HIS 12 O'CLOCK AND 3 MI. DURING THE CONVERSATION IT BECAME APPARENT THAT WE WERE THE TFC HE SAW. LATER A ZMA CTLR TOLD ME THAT WE MAY HAVE PASSED WITHIN 2.5 MI OF THE OTHER ACFT AT NEARLY THE SAME ALT. I DID SEE THE OTHER ACFT, BUT IT WAS NOT A NEAR MISS. WE DID NOT NEED TO ALTER OUR COURSE.

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

Air carrier was issued a climb through an occupied altitude resulting in less than standard separation.