Narrative:

Departed sjc for ord XA15 runway 30L. First officer hand flying aircraft. Cleared loupe 9 with linden transition. While on heading 120 degrees and with oak departure, cleared to climb 12000 ft prior to sjc 047 degree radial. My response, roger cleared unrestr climb to 12000 ft. Shortly thereafter, departure gave us 'pilot's discretion right turn direct sjc VOR cross sjc VOR at or above 12000 ft (as we understood) climb 15000 ft.' this clearance was interpreted by us to be at or above 12000 ft at sjc. I read back, 'pilot's discretion right turn direct sjc VOR cross sjc at or above 12000 ft climbing 15000 ft.' I set 15000 ft in MCP altitude window and first officer (PF) acknowledged, 'climbing 15000 ft, cross sjc VOR at or above 12000 ft, starting right turn.' about 5 mi sse of sjc VOR inbound climbing through 12000 ft, departure said to continue climb to 15000 ft. We acknowledged doing so. Controller then said 'your clearance was to cross sjc at 12000 ft, climb 15000 ft.' my response was 'sorry I think we read back cross sjc at or above 12000 ft climbing 15000 ft.' that was our clearance as we understood it. Handed off to ZOA. No traffic noted on TCASII. No off course vectors. It was my second time into sjc in many yrs. Early morning/all night flying. Rather lengthy clearance.

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Original NASA ASRS Text

Title: A B737-300 CROSSES THE SJC VOR ABOVE THE ASSIGNED ALT OF 12000 FT.

Narrative: DEPARTED SJC FOR ORD XA15 RWY 30L. FO HAND FLYING ACFT. CLRED LOUPE 9 WITH LINDEN TRANSITION. WHILE ON HDG 120 DEGS AND WITH OAK DEP, CLRED TO CLB 12000 FT PRIOR TO SJC 047 DEG RADIAL. MY RESPONSE, ROGER CLRED UNRESTR CLB TO 12000 FT. SHORTLY THEREAFTER, DEP GAVE US 'PLT'S DISCRETION R TURN DIRECT SJC VOR CROSS SJC VOR AT OR ABOVE 12000 FT (AS WE UNDERSTOOD) CLB 15000 FT.' THIS CLRNC WAS INTERPED BY US TO BE AT OR ABOVE 12000 FT AT SJC. I READ BACK, 'PLT'S DISCRETION R TURN DIRECT SJC VOR CROSS SJC AT OR ABOVE 12000 FT CLBING 15000 FT.' I SET 15000 FT IN MCP ALT WINDOW AND FO (PF) ACKNOWLEDGED, 'CLBING 15000 FT, CROSS SJC VOR AT OR ABOVE 12000 FT, STARTING R TURN.' ABOUT 5 MI SSE OF SJC VOR INBOUND CLBING THROUGH 12000 FT, DEP SAID TO CONTINUE CLB TO 15000 FT. WE ACKNOWLEDGED DOING SO. CTLR THEN SAID 'YOUR CLRNC WAS TO CROSS SJC AT 12000 FT, CLB 15000 FT.' MY RESPONSE WAS 'SORRY I THINK WE READ BACK CROSS SJC AT OR ABOVE 12000 FT CLBING 15000 FT.' THAT WAS OUR CLRNC AS WE UNDERSTOOD IT. HANDED OFF TO ZOA. NO TFC NOTED ON TCASII. NO OFF COURSE VECTORS. IT WAS MY SECOND TIME INTO SJC IN MANY YRS. EARLY MORNING/ALL NIGHT FLYING. RATHER LENGTHY CLRNC.

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.