Cpr X climb through occupied altitude had less than standard separation from cpr Y. System error.

Attributes
ACN	303850
Time
Date	199505
Day	Mon
Local Time Of Day	0601 To 1200
Place
Locale Reference	atc facility : iow
State Reference	IA
Altitude	msl bound lower : 35900 msl bound upper : 37000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zau tower : mfe
Operator	general aviation : corporate
Make Model Name	Learjet 35
Operating Under FAR Part	other : unknown
Navigation In Use	Other Other
Flight Phase	climbout : intermediate altitude
Route In Use	enroute : on vectors
Flight Plan	IFR
Aircraft 2
Operator	general aviation : corporate
Make Model Name	Commercial Fixed Wing
Operating Under FAR Part	other : unknown
Flight Phase	cruise other
Route In Use	enroute : direct
Flight Plan	IFR
Person 1
Affiliation	Other
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 125 flight time total : 17100 flight time type : 6000
ASRS Report	303850
Person 2
Affiliation	Other
Function	flight crew : first officer
Qualification	pilot : commercial pilot : instrument
Events
Anomaly	conflict : airborne less severe non adherence : published procedure non adherence : required legal separation
Independent Detector	other flight crewa
Resolutory Action	controller : issued new clearance flight crew : took evasive action
Consequence	faa : investigated
Miss Distance	vertical : 1000
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error

Narrative:

Lear jet X climbing to FL310 (filed altitude FL350) on assigned 260 degree heading. Controller advised of 'turbulence at FL310 and FL350. Did we prefer FL310 or FL350?' PF tells copilot (PNF) 'tell him we prefer FL390.' center says, 'roger, climb to FL390...I think it's smooth there, no complaints there.' 'roger, we're cleared to FL390.' on climb out of FL359, observed corp jet Y at FL370 eastbound. Leveled off immediately. Center says, 'descend to FL350 immediately' which we did. After traffic passed, told to again climb to FL390. Center said 'thanks for your help.' believe our climb to FL390 given in error.

Original NASA ASRS Text

Title: CPR X CLB THROUGH OCCUPIED ALT HAD LTSS FROM CPR Y. SYS ERROR.

Narrative: LEAR JET X CLBING TO FL310 (FILED ALT FL350) ON ASSIGNED 260 DEG HDG. CTLR ADVISED OF 'TURB AT FL310 AND FL350. DID WE PREFER FL310 OR FL350?' PF TELLS COPLT (PNF) 'TELL HIM WE PREFER FL390.' CTR SAYS, 'ROGER, CLB TO FL390...I THINK IT'S SMOOTH THERE, NO COMPLAINTS THERE.' 'ROGER, WE'RE CLRED TO FL390.' ON CLBOUT OF FL359, OBSERVED CORP JET Y AT FL370 EBOUND. LEVELED OFF IMMEDIATELY. CTR SAYS, 'DSND TO FL350 IMMEDIATELY' WHICH WE DID. AFTER TFC PASSED, TOLD TO AGAIN CLB TO FL390. CTR SAID 'THANKS FOR YOUR HELP.' BELIEVE OUR CLB TO FL390 GIVEN IN ERROR.

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.