A B737 captain reported an near midair collision after departing bur.

Attributes
ACN	510690
Time
Date	200104
Day	Sun
Local Time Of Day	0001 To 0600
Place
Locale Reference	airport : bur.airport
State Reference	CA
Altitude	msl single value : 1000
Environment
Light	Night
Aircraft 1
Operator	common carrier : air carrier
Make Model Name	B737-300
Flight Phase	climbout : initial climbout : intermediate altitude
Route In Use	departure sid : van nuys 7
Flight Plan	IFR
Aircraft 2
Controlling Facilities	tower : bur.tower
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 50 flight time total : 10000 flight time type : 5000
ASRS Report	510690
Events
Anomaly	conflict : nmac non adherence : required legal separation
Resolutory Action	flight crew : took evasive action
Miss Distance	horizontal : 3000 vertical : 400
Supplementary
Problem Areas	Flight Crew Human Performance ATC Human Performance
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Deviation

Narrative:

We were departing runway 15 at burbank, cleared on the vny 7 departure. While climbing through approximately 1000 ft and turning right towards a heading of 210 degrees, we noticed an aircraft on TCASII at approximately 1400 ft at our 12 O'clock position. We continued turning to the right to avoid it. We had to bank approximately 45 degrees to the right and evasively pull back to avoid a potential midair collision. TCASII was inhibited to low altitude and burbank tower was unaware of the conflicting traffic. Estimate .5 mi separation.

Original NASA ASRS Text

Title: A B737 CAPT RPTED AN NMAC AFTER DEPARTING BUR.

Narrative: WE WERE DEPARTING RWY 15 AT BURBANK, CLRED ON THE VNY 7 DEP. WHILE CLBING THROUGH APPROX 1000 FT AND TURNING R TOWARDS A HDG OF 210 DEGS, WE NOTICED AN ACFT ON TCASII AT APPROX 1400 FT AT OUR 12 O'CLOCK POS. WE CONTINUED TURNING TO THE R TO AVOID IT. WE HAD TO BANK APPROX 45 DEGS TO THE R AND EVASIVELY PULL BACK TO AVOID A POTENTIAL MIDAIR COLLISION. TCASII WAS INHIBITED TO LOW ALT AND BURBANK TWR WAS UNAWARE OF THE CONFLICTING TFC. ESTIMATE .5 MI SEPARATION.

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.