Flight crew receives clearance to climb when possible conflict is present.

Attributes
ACN	439726
Time
Date	199906
Day	Sun
Local Time Of Day	1801 To 2400
Place
Locale Reference	navaid : gsh.vortac
State Reference	IN
Altitude	msl bound lower : 28000 msl bound upper : 28800
Environment
Flight Conditions	VMC
Light	Dusk
Aircraft 1
Controlling Facilities	artcc : zau.artcc
Operator	common carrier : air carrier
Make Model Name	B737 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Flight Phase	cruise : enroute altitude change
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : atp
Experience	flight time last 90 days : 200 flight time total : 6200 flight time type : 350
ASRS Report	439726
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Events
Anomaly	altitude deviation : excursion from assigned altitude non adherence : required legal separation
Independent Detector	atc equipment other atc equipment : radar other controllera other flight crewa other flight crewb
Resolutory Action	controller : issued new clearance flight crew : took precautionary avoidance action
Supplementary
Problem Areas	FAA ATC Human Performance
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error

Narrative:

Cruise at FL280. Cleared to climb to FL310. Repeated clearance to FL310, then asked about ride report at FL310 as captain began climb. At about FL288 observed B757 7 mi ahead, 1000 ft above, right to left, visually clear. Center controller called and asked our flight level. Told him FL288. Asked by controller 'what are you doing up there?' response: 'you cleared us to FL310.' we were cleared to descend immediately to FL240. Later told to call center and gave number. Marked time at XA15Z. Tapes pulled. Confirmed clearance to climb as reported by flight crew.

Original NASA ASRS Text

Title: FLC RECEIVES CLRNC TO CLB WHEN POSSIBLE CONFLICT IS PRESENT.

Narrative: CRUISE AT FL280. CLRED TO CLB TO FL310. REPEATED CLRNC TO FL310, THEN ASKED ABOUT RIDE RPT AT FL310 AS CAPT BEGAN CLB. AT ABOUT FL288 OBSERVED B757 7 MI AHEAD, 1000 FT ABOVE, R TO L, VISUALLY CLR. CTR CTLR CALLED AND ASKED OUR FLT LEVEL. TOLD HIM FL288. ASKED BY CTLR 'WHAT ARE YOU DOING UP THERE?' RESPONSE: 'YOU CLRED US TO FL310.' WE WERE CLRED TO DSND IMMEDIATELY TO FL240. LATER TOLD TO CALL CTR AND GAVE NUMBER. MARKED TIME AT XA15Z. TAPES PULLED. CONFIRMED CLRNC TO CLB AS RPTED BY FLC.

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.