A military aircraft in IMC conditions claims that another aircraft who cancelled IFR and on conflicting course could not be VMC due to the WX around him.

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Attributes
ACN	179912
Time
Date	199105
Day	Wed
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : psm
State Reference	NH
Altitude	msl bound lower : 12500 msl bound upper : 13000
Environment
Flight Conditions	IMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zbw tower : fra
Operator	common carrier : air taxi
Make Model Name	Small Transport, Low Wing, 2 Turboprop Eng
Flight Phase	climbout : intermediate altitude
Route In Use	departure other
Flight Plan	IFR
Aircraft 2
Operator	other
Make Model Name	Military Trainer
Flight Phase	cruise other
Flight Plan	IFR
Person 1
Affiliation	government : faa
Function	controller : radar
Qualification	controller : radar
ASRS Report	179912
Person 2
Affiliation	government : faa
Function	controller : departure
Qualification	controller : radar
Events
Anomaly	conflict : airborne less severe inflight encounter : vfr in imc non adherence : far
Independent Detector	other controllera other flight crewa
Resolutory Action	controller : issued new clearance
Consequence	Other
Miss Distance	horizontal : 3000 vertical : 500
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

Atx X departed pwm, cancelled IFR leaving 10000'. Mht approach called ZBW with a pointout. The TA function had been activated at the parso sector between atx X and MTR Y. Manchester approach was told to advise the pilot of atx X to stop his climb to 12500'. Prior to atx X coming on frequency, MTR Y advised the ARTCC controller that he couldn't see previously issued traffic because he was IMC. Atx X checked on frequency at the parso sector level at 12500'. Traffic was issued to MTR Y and atx X. Again MTR Y stated that he was IMC. The 2 aircraft passed almost overhead of each other. MTR Y was vectored from the traffic. After the traffic was no factor, atx X continued his climb VFR to 16500'. MTR Y came on frequency and stated there was no way atx X was in VFR conditions. If the controller at parso hadn't stopped atx X at 12500' then a possible midair may have occurred. According to the allegatory of MTR Y, atx X was on a VFR clearance climbing (or attempting to climb) through IMC conditions. The supervisors in charge at the time failed to report the incident.

Original NASA ASRS Text

Title: A MIL ACFT IN IMC CONDITIONS CLAIMS THAT ANOTHER ACFT WHO CANCELLED IFR AND ON CONFLICTING COURSE COULD NOT BE VMC DUE TO THE WX AROUND HIM.

Narrative: ATX X DEPARTED PWM, CANCELLED IFR LEAVING 10000'. MHT APCH CALLED ZBW WITH A POINTOUT. THE TA FUNCTION HAD BEEN ACTIVATED AT THE PARSO SECTOR BTWN ATX X AND MTR Y. MANCHESTER APCH WAS TOLD TO ADVISE THE PLT OF ATX X TO STOP HIS CLB TO 12500'. PRIOR TO ATX X COMING ON FREQ, MTR Y ADVISED THE ARTCC CTLR THAT HE COULDN'T SEE PREVIOUSLY ISSUED TFC BECAUSE HE WAS IMC. ATX X CHKED ON FREQ AT THE PARSO SECTOR LEVEL AT 12500'. TFC WAS ISSUED TO MTR Y AND ATX X. AGAIN MTR Y STATED THAT HE WAS IMC. THE 2 ACFT PASSED ALMOST OVERHEAD OF EACH OTHER. MTR Y WAS VECTORED FROM THE TFC. AFTER THE TFC WAS NO FACTOR, ATX X CONTINUED HIS CLB VFR TO 16500'. MTR Y CAME ON FREQ AND STATED THERE WAS NO WAY ATX X WAS IN VFR CONDITIONS. IF THE CTLR AT PARSO HADN'T STOPPED ATX X AT 12500' THEN A POSSIBLE MIDAIR MAY HAVE OCCURRED. ACCORDING TO THE ALLEGATORY OF MTR Y, ATX X WAS ON A VFR CLRNC CLBING (OR ATTEMPTING TO CLB) THROUGH IMC CONDITIONS. THE SUPVRS IN CHARGE AT THE TIME FAILED TO RPT THE INCIDENT.

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.