Narrative:

Den surrounded by thunderstorms. Dispatch said west departure ok. Takeoff runway 25, 260 degree heading assigned. Radar on ground not painting accurately the departure path. Visually looked good for 20 or so mi. 10 mi after departure, radar showed level 5 thunderstorms. Requested right turn. Got 20 degrees right approved. Needed another 40 degrees right, line of thunderstorms. Controller busy talking to other aircraft and due to PA32 piper GA aircraft. We went about 8 more mi and I started to turn further north for WX avoidance. First officer told ATC we needed further right. He denied it for traffic. I came on the radio and told him we were turning right. He said no, traffic just passed through area with a descent ride, and that traffic would become a conflict. I told him 'we are turning and I have got to do what I have to do, and you have to do what you have to do, but I am not flying into the WX.' he said there may be a loss of separation and I said 'whatever, basically I have to turn and am heading about 320 degrees.' he said 'turn to 260 degrees now.' I said '5 more mi.' we were at about FL190 then and other traffic at 17000 ft, and 16000 ft. He was very worried about a loss of separation and seemed fine with our flight path once I accepted responsibility for not following his instructions. I think he needed that from me for the tape so he would not be wronged for the loss of separation alarm that followed.

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Original NASA ASRS Text

Title: B737-300 CAPT USED HIS EMER AUTH TO AVOID FLT INTO A LEVEL 5 TSTM IN ZDV CLASS E AIRSPACE.

Narrative: DEN SURROUNDED BY TSTMS. DISPATCH SAID W DEP OK. TKOF RWY 25, 260 DEG HDG ASSIGNED. RADAR ON GND NOT PAINTING ACCURATELY THE DEP PATH. VISUALLY LOOKED GOOD FOR 20 OR SO MI. 10 MI AFTER DEP, RADAR SHOWED LEVEL 5 TSTMS. REQUESTED R TURN. GOT 20 DEGS R APPROVED. NEEDED ANOTHER 40 DEGS R, LINE OF TSTMS. CTLR BUSY TALKING TO OTHER ACFT AND DUE TO PA32 PIPER GA ACFT. WE WENT ABOUT 8 MORE MI AND I STARTED TO TURN FURTHER N FOR WX AVOIDANCE. FO TOLD ATC WE NEEDED FURTHER R. HE DENIED IT FOR TFC. I CAME ON THE RADIO AND TOLD HIM WE WERE TURNING R. HE SAID NO, TFC JUST PASSED THROUGH AREA WITH A DSCNT RIDE, AND THAT TFC WOULD BECOME A CONFLICT. I TOLD HIM 'WE ARE TURNING AND I HAVE GOT TO DO WHAT I HAVE TO DO, AND YOU HAVE TO DO WHAT YOU HAVE TO DO, BUT I AM NOT FLYING INTO THE WX.' HE SAID THERE MAY BE A LOSS OF SEPARATION AND I SAID 'WHATEVER, BASICALLY I HAVE TO TURN AND AM HDG ABOUT 320 DEGS.' HE SAID 'TURN TO 260 DEGS NOW.' I SAID '5 MORE MI.' WE WERE AT ABOUT FL190 THEN AND OTHER TFC AT 17000 FT, AND 16000 FT. HE WAS VERY WORRIED ABOUT A LOSS OF SEPARATION AND SEEMED FINE WITH OUR FLT PATH ONCE I ACCEPTED RESPONSIBILITY FOR NOT FOLLOWING HIS INSTRUCTIONS. I THINK HE NEEDED THAT FROM ME FOR THE TAPE SO HE WOULD NOT BE WRONGED FOR THE LOSS OF SEPARATION ALARM THAT FOLLOWED.

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.