ZSU controller advises ZSU supervisor of military A4 airspace violation, which is discounted.

Attributes
ACN	463466
Time
Date	200002
Day	Wed
Local Time Of Day	0601 To 1200
Place
State Reference	PR
Altitude	msl bound lower : 19000 msl bound upper : 25000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	military facility : nrr.milfac
Operator	other
Make Model Name	Skyhawk (A4)
Operating Under FAR Part	Part 91
Flight Phase	climbout : vacating altitude
Route In Use	departure other
Flight Plan	None
Person 1
Affiliation	government : faa
Function	controller : radar
Experience	controller non radar : 16 controller radar : 16
ASRS Report	463466
Person 2
Affiliation	government : military
Function	controller : radar
Qualification	controller : radar controller : military
Events
Anomaly	airspace violation : entry non adherence : far non adherence : published procedure
Independent Detector	other controllera other controllerb
Resolutory Action	controller : issued advisory
Consequence	faa : investigated
Supplementary
Problem Areas	Airspace Structure ATC Human Performance FAA Flight Crew Human Performance
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Deviation Pilot Deviation

Narrative:

Aircraft climbed out of roosevelt roads, NAS, and climbed to FL250. Navy controller called me when out of FL190 for a pointout. I asked if he was IFR because it was class a airspace. He said it was IFR. I reported an operational deviation to the operations supervisor and the response was 'don't worry about it, he was transitioning.' if the flight was VFR or due regard, he violated class a airspace. If the flight was IFR, he violated san juan cerap airspace. In either case, safety was compromised and the supervisor and manager at san juan failed to take corrective actions.

Original NASA ASRS Text

Title: ZSU CTLR ADVISES ZSU SUPVR OF MIL A4 AIRSPACE VIOLATION, WHICH IS DISCOUNTED.

Narrative: ACFT CLBED OUT OF ROOSEVELT ROADS, NAS, AND CLBED TO FL250. NAVY CTLR CALLED ME WHEN OUT OF FL190 FOR A POINTOUT. I ASKED IF HE WAS IFR BECAUSE IT WAS CLASS A AIRSPACE. HE SAID IT WAS IFR. I RPTED AN OPDEV TO THE OPS SUPVR AND THE RESPONSE WAS 'DON'T WORRY ABOUT IT, HE WAS TRANSITIONING.' IF THE FLT WAS VFR OR DUE REGARD, HE VIOLATED CLASS A AIRSPACE. IF THE FLT WAS IFR, HE VIOLATED SAN JUAN CERAP AIRSPACE. IN EITHER CASE, SAFETY WAS COMPROMISED AND THE SUPVR AND MGR AT SAN JUAN FAILED TO TAKE CORRECTIVE ACTIONS.

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.