ARTCC radar controller claims LR25 penetrated the MOA at FL215. Charts indicate the MOA goes up to b...

Attributes
ACN	370550
Time
Date	199706
Day	Tue
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : mfe
State Reference	TX
Altitude	msl bound lower : 21500 msl bound upper : 24000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zhu
Operator	common carrier : air taxi
Make Model Name	Learjet 25
Operating Under FAR Part	Part 135
Flight Phase	descent other
Route In Use	enroute : on vectors
Flight Plan	IFR
Person 1
Affiliation	company : air taxi
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 180 flight time total : 8000 flight time type : 1000
ASRS Report	370550
Person 2
Affiliation	company : air taxi
Function	flight crew : first officer
Qualification	pilot : instrument pilot : commercial
Events
Anomaly	other anomaly other
Independent Detector	other controllera
Resolutory Action	controller : issued new clearance other
Consequence	faa : reviewed incident with flight crew
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	other

Narrative:

We were on an assigned heading to join the 312 degree radial off of mfe approximately 175 degrees to join. To maintain FL240 until on the 312 degree radial then descend to 11000 ft. My HSI indicated that we were joining the radial, so I began a gentle turn and initiated descent. Upon reaching (passing) through 21500 ft MSL ATC queried me. When I advised ATC that I was descending as I was on the radial, his response was 'negative.' a few seconds later he just said 'continue the descent, you've penetrated the MOA.' I spoke with the supervisor once on the ground. He checked the tapes and spoke with both controllers. He indicated that I was off course, there was an MOA penetration and there was not an aircraft conflict. He (the supervisor) said there would be no action taken, but to have my equipment checked. I did a VOR check and the VOR was within tolerances. I began my turn early to turn in to join the 312 degree radial mfe. I must have been too soon and will in the future wait until the needle is absolutely centered. I began my turn early, as we were traveling at 460 KTS GS.

Original NASA ASRS Text

Title: ARTCC RADAR CTLR CLAIMS LR25 PENETRATED THE MOA AT FL215. CHARTS INDICATE THE MOA GOES UP TO BUT NOT INCLUDING FL180. CONFERRING WITH SUPVR ADVISED NO ACTION WOULD BE TAKEN.

Narrative: WE WERE ON AN ASSIGNED HDG TO JOIN THE 312 DEG RADIAL OFF OF MFE APPROX 175 DEGS TO JOIN. TO MAINTAIN FL240 UNTIL ON THE 312 DEG RADIAL THEN DSND TO 11000 FT. MY HSI INDICATED THAT WE WERE JOINING THE RADIAL, SO I BEGAN A GENTLE TURN AND INITIATED DSCNT. UPON REACHING (PASSING) THROUGH 21500 FT MSL ATC QUERIED ME. WHEN I ADVISED ATC THAT I WAS DSNDING AS I WAS ON THE RADIAL, HIS RESPONSE WAS 'NEGATIVE.' A FEW SECONDS LATER HE JUST SAID 'CONTINUE THE DSCNT, YOU'VE PENETRATED THE MOA.' I SPOKE WITH THE SUPVR ONCE ON THE GND. HE CHKED THE TAPES AND SPOKE WITH BOTH CTLRS. HE INDICATED THAT I WAS OFF COURSE, THERE WAS AN MOA PENETRATION AND THERE WAS NOT AN ACFT CONFLICT. HE (THE SUPVR) SAID THERE WOULD BE NO ACTION TAKEN, BUT TO HAVE MY EQUIP CHKED. I DID A VOR CHK AND THE VOR WAS WITHIN TOLERANCES. I BEGAN MY TURN EARLY TO TURN IN TO JOIN THE 312 DEG RADIAL MFE. I MUST HAVE BEEN TOO SOON AND WILL IN THE FUTURE WAIT UNTIL THE NEEDLE IS ABSOLUTELY CTRED. I BEGAN MY TURN EARLY, AS WE WERE TRAVELING AT 460 KTS GS.

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.

ARTCC radar controller claims LR25 penetrated the MOA at FL215. Charts indicate the MOA goes up to but not including FL180. Conferring with supervisor advised no action would be taken.