Narrative:

Air carrier X departed runway 18L at mem. Radar vector on landing 090 degrees, cleared to climb and maintain 12000 ft at 8200 ft and 4000 ft/ min rate of climb, ATC issued clearance to maintain 8000 ft traffic 12 O'clock 3 mi descending out of 9500 ft. I initiated a level off at 8500 ft. We visually acquired a company medium large transport descending through our altitude at 12 O'clock and at a relatively short rang. I initiated a right turn, not controller directed, to pass behind the medium large transport. First officer communicated to ATC that we were climbing out of 8200 ft and leveling at 8500 ft, when 8000 ft clearance was issued, that we had visual contact with air carrier Y and we passed behind it. ATC responded 'roger maintain visual separation climb and maintain 12000 ft'. When time permitted, I notified our company of the loss of separation. Subsequent conversations with (on phone) the ATC supervisor at mem resulted in him taking responsibility for inappropriate actions by the controller involved.

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Original NASA ASRS Text

Title: ACR X HAD LTSS FROM ACR Y. SYS ERROR.

Narrative: ACR X DEPARTED RWY 18L AT MEM. RADAR VECTOR ON LNDG 090 DEGS, CLRED TO CLB AND MAINTAIN 12000 FT AT 8200 FT AND 4000 FT/ MIN RATE OF CLB, ATC ISSUED CLRNC TO MAINTAIN 8000 FT TFC 12 O'CLOCK 3 MI DSNDING OUT OF 9500 FT. I INITIATED A LEVEL OFF AT 8500 FT. WE VISUALLY ACQUIRED A COMPANY MLG DSNDING THROUGH OUR ALT AT 12 O'CLOCK AND AT A RELATIVELY SHORT RANG. I INITIATED A R TURN, NOT CTLR DIRECTED, TO PASS BEHIND THE MLG. FO COMMUNICATED TO ATC THAT WE WERE CLBING OUT OF 8200 FT AND LEVELING AT 8500 FT, WHEN 8000 FT CLRNC WAS ISSUED, THAT WE HAD VISUAL CONTACT WITH ACR Y AND WE PASSED BEHIND IT. ATC RESPONDED 'ROGER MAINTAIN VISUAL SEPARATION CLB AND MAINTAIN 12000 FT'. WHEN TIME PERMITTED, I NOTIFIED OUR COMPANY OF THE LOSS OF SEPARATION. SUBSEQUENT CONVERSATIONS WITH (ON PHONE) THE ATC SUPVR AT MEM RESULTED IN HIM TAKING RESPONSIBILITY FOR INAPPROPRIATE ACTIONS BY THE CTLR INVOLVED.

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.