MD11 crew had less than legal separation with a military fighter.

Attributes
ACN	437076
Time
Date	199905
Day	Tue
Local Time Of Day	0601 To 1200
Place
Locale Reference	navaid : psn.vortac
State Reference	FO
Altitude	msl bound lower : 37000 msl bound upper : 37400
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : rktt.artcc
Operator	common carrier : air carrier
Make Model Name	MD-11
Operating Under FAR Part	Part 121
Navigation In Use	other
Flight Phase	cruise : level
Route In Use	enroute airway : a582.airway
Flight Plan	IFR
Aircraft 2
Controlling Facilities	artcc : rktt.artcc
Operator	other
Make Model Name	Military
Operating Under FAR Part	Part 91
Flight Phase	climbout : vacating altitude
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 150 flight time total : 12000 flight time type : 1200
ASRS Report	437076
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : atp
Events
Anomaly	conflict : airborne critical
Independent Detector	aircraft equipment : tcas
Resolutory Action	controller : issued advisory flight crew : took evasive action
Miss Distance	horizontal : 6000 vertical : 0
Supplementary
Problem Areas	Flight Crew Human Performance ATC Human Performance
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error

Narrative:

ATC advised of an overtaking aircraft, altitude unknown. A fighter type aircraft was sighted passing us on the right, in a climb. The fighter leveled at our altitude and made a tight r-hand 270 degree turn into us. TCASII RA called for a climb. We climbed to FL374 when the TCASII advised 'clear of conflict.' we returned to FL370 and advised ATC of the event and our reason for climbing. ATC advised they now had altitude reporting on the other aircraft and it was well clear, passing FL405. We could not determine the fighter type or nationality.

Original NASA ASRS Text

Title: MD11 CREW HAD LESS THAN LEGAL SEPARATION WITH A MIL FIGHTER.

Narrative: ATC ADVISED OF AN OVERTAKING ACFT, ALT UNKNOWN. A FIGHTER TYPE ACFT WAS SIGHTED PASSING US ON THE R, IN A CLB. THE FIGHTER LEVELED AT OUR ALT AND MADE A TIGHT R-HAND 270 DEG TURN INTO US. TCASII RA CALLED FOR A CLB. WE CLBED TO FL374 WHEN THE TCASII ADVISED 'CLR OF CONFLICT.' WE RETURNED TO FL370 AND ADVISED ATC OF THE EVENT AND OUR REASON FOR CLBING. ATC ADVISED THEY NOW HAD ALT RPTING ON THE OTHER ACFT AND IT WAS WELL CLR, PASSING FL405. WE COULD NOT DETERMINE THE FIGHTER TYPE OR NATIONALITY.

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.