Narrative:

Location: approximately 80 NM west alx, on ZFW frequency 126.57. Assigned climb to FL330. Requested direct harvey VOR. Told to request that on next frequency. At approximately XA50Z, changed to ZFW 132.27. First officer reported passing FL256 for FL330. ATC acknowledged. Requested direct harvey VOR. ATC cleared us to harvey. At about XA54Z, ZFW called traffic at 12 - 1 O'clock position at FL310. First officer said looking for traffic. I decreased rate of climb as I had an uneasy feeling about the situation, ie, climbing to FL330 with traffic at 12 O'clock at FL310. As I picked traffic up on TCASII, we got a TA warning and first officer got visual at 1 - 2 O'clock position, at 8 NM. We were now level at FL300. About that time ZFW said we were to be at FL290, confirm FL290. First officer said were cleared to FL330. ZFW said descend to FL290. We did. Nobody on crew ever heard a clearance to FL290. ATC said they would check on it. Before frequency change we asked about the situation. ATC said he was a new controller at the panel and to forget about the altitude problem. We then went to ZHU. Supplemental information from acn 356000: I acquired a B737 at 1 - 2 O'clock and 8 mi. ATC said we were supposed to be at FL290, confirm FL290. I said we were cleared by last controller to FL330. He said no, I cleared you to FL290, maintain FL290. Supplemental information from acn 356107: the first officer spotted the traffic at 1 - 2 O'clock position and I also saw it about 5-10 mi off. At about this same time, ATC asked if we were level at FL290. We said no, and that we were passing FL300. He said 'I assigned you FL290 when you checked on.' the first officer said, 'no, I think you forgot to assign us FL290.'

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Original NASA ASRS Text

Title: POTENTIAL CONFLICT AS B727 PERFORMS A CLB THROUGH OCCUPIED ALT. CLRNC READBACK HEARBACK DISPUTED. OPERROR ADMITTED BY ATC. ARTCC RADAR CTLR EXPERIENCE LEVEL TECHNIQUE ATC COM.

Narrative: LOCATION: APPROX 80 NM W ALX, ON ZFW FREQ 126.57. ASSIGNED CLB TO FL330. REQUESTED DIRECT HARVEY VOR. TOLD TO REQUEST THAT ON NEXT FREQ. AT APPROX XA50Z, CHANGED TO ZFW 132.27. FO RPTED PASSING FL256 FOR FL330. ATC ACKNOWLEDGED. REQUESTED DIRECT HARVEY VOR. ATC CLRED US TO HARVEY. AT ABOUT XA54Z, ZFW CALLED TFC AT 12 - 1 O'CLOCK POS AT FL310. FO SAID LOOKING FOR TFC. I DECREASED RATE OF CLB AS I HAD AN UNEASY FEELING ABOUT THE SIT, IE, CLBING TO FL330 WITH TFC AT 12 O'CLOCK AT FL310. AS I PICKED TFC UP ON TCASII, WE GOT A TA WARNING AND FO GOT VISUAL AT 1 - 2 O'CLOCK POS, AT 8 NM. WE WERE NOW LEVEL AT FL300. ABOUT THAT TIME ZFW SAID WE WERE TO BE AT FL290, CONFIRM FL290. FO SAID WERE CLRED TO FL330. ZFW SAID DSND TO FL290. WE DID. NOBODY ON CREW EVER HEARD A CLRNC TO FL290. ATC SAID THEY WOULD CHK ON IT. BEFORE FREQ CHANGE WE ASKED ABOUT THE SIT. ATC SAID HE WAS A NEW CTLR AT THE PANEL AND TO FORGET ABOUT THE ALT PROB. WE THEN WENT TO ZHU. SUPPLEMENTAL INFO FROM ACN 356000: I ACQUIRED A B737 AT 1 - 2 O'CLOCK AND 8 MI. ATC SAID WE WERE SUPPOSED TO BE AT FL290, CONFIRM FL290. I SAID WE WERE CLRED BY LAST CTLR TO FL330. HE SAID NO, I CLRED YOU TO FL290, MAINTAIN FL290. SUPPLEMENTAL INFO FROM ACN 356107: THE FO SPOTTED THE TFC AT 1 - 2 O'CLOCK POS AND I ALSO SAW IT ABOUT 5-10 MI OFF. AT ABOUT THIS SAME TIME, ATC ASKED IF WE WERE LEVEL AT FL290. WE SAID NO, AND THAT WE WERE PASSING FL300. HE SAID 'I ASSIGNED YOU FL290 WHEN YOU CHKED ON.' THE FO SAID, 'NO, I THINK YOU FORGOT TO ASSIGN US FL290.'

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.