Narrative:

Preflight and taxi were normal, and departure was at xa:45L from runway 17 at kpns. First officer was the pilot flying. Departure control vectored us first to the east and then further left to a heading of 020. During the turn, ATC directed us to stop the climb and level at 7000 ft due to VFR traffic at 7500 ft and at 7800 ft. Both the first officer and I located one of the aircraft, which was a T-34 at our 11 O'clock position. The T-34 appeared to be at the top of a loop beginning a downward pull in our direction. The first officer stopped the turn in an attempt to maintain the separation between us. At about the same time, we got a resolution alert on TCAS instructing reduced climb. We leveled at 6000 ft and we received no further TCAS advisories. The T-34, however, continued to pull downward directly toward us and passed within what appeared to be approximately 100 ft off our tail. I called in the near miss to ATC, and informed them we would be filing a report upon landing. I then called the aft flight attendant station to inform them and to see if any passenger were voicing concerns after observing the incident. I was told that there did not appear to be any concern at that time among the passenger, but later a number of them mentioned the event and commented on the close passage of the other aircraft. Callback conversation with reporter revealed the following information: reporter advised that ATC issued control instructions to separate their MD88 from the T34. After the reporter advised that he would be filing an near midair collision, another unidentified voice transmitted on the frequency, 'it happens every day.' the reporter stated that during the facility callback, the P31 supervisor told him their preliminary investigation indicated that the T34 had exited its restred airspace without a clearance.

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Original NASA ASRS Text

Title: SHORTLY AFTER DEPARTING PNS, AN MD88 CREW RECEIVED A TFC ALERT AND SPOT A NAVY T34 IN AN ACROBATIC MANEUVER VERY CLOSE TO THEIR FLT PATH. THE CREW CALLED THE FAC AND FILED A NMAC RPT.

Narrative: PREFLT AND TAXI WERE NORMAL, AND DEP WAS AT XA:45L FROM RWY 17 AT KPNS. FO WAS THE PLT FLYING. DEP CTL VECTORED US FIRST TO THE E AND THEN FURTHER L TO A HEADING OF 020. DURING THE TURN, ATC DIRECTED US TO STOP THE CLB AND LEVEL AT 7000 FT DUE TO VFR TFC AT 7500 FT AND AT 7800 FT. BOTH THE FO AND I LOCATED ONE OF THE ACFT, WHICH WAS A T-34 AT OUR 11 O'CLOCK POS. THE T-34 APPEARED TO BE AT THE TOP OF A LOOP BEGINNING A DOWNWARD PULL IN OUR DIRECTION. THE FO STOPPED THE TURN IN AN ATTEMPT TO MAINTAIN THE SEPARATION BTWN US. AT ABOUT THE SAME TIME, WE GOT A RESOLUTION ALERT ON TCAS INSTRUCTING REDUCED CLB. WE LEVELED AT 6000 FT AND WE RECEIVED NO FURTHER TCAS ADVISORIES. THE T-34, HOWEVER, CONTINUED TO PULL DOWNWARD DIRECTLY TOWARD US AND PASSED WITHIN WHAT APPEARED TO BE APPROX 100 FT OFF OUR TAIL. I CALLED IN THE NEAR MISS TO ATC, AND INFORMED THEM WE WOULD BE FILING A RPT UPON LNDG. I THEN CALLED THE AFT FLT ATTENDANT STATION TO INFORM THEM AND TO SEE IF ANY PAX WERE VOICING CONCERNS AFTER OBSERVING THE INCIDENT. I WAS TOLD THAT THERE DID NOT APPEAR TO BE ANY CONCERN AT THAT TIME AMONG THE PAX, BUT LATER A NUMBER OF THEM MENTIONED THE EVENT AND COMMENTED ON THE CLOSE PASSAGE OF THE OTHER ACFT. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: RPTR ADVISED THAT ATC ISSUED CTL INSTRUCTIONS TO SEPARATE THEIR MD88 FROM THE T34. AFTER THE RPTR ADVISED THAT HE WOULD BE FILING AN NMAC, ANOTHER UNIDENTIFIED VOICE XMITTED ON THE FREQ, 'IT HAPPENS EVERY DAY.' THE RPTR STATED THAT DURING THE FAC CALLBACK, THE P31 SUPVR TOLD HIM THEIR PRELIMINARY INVESTIGATION INDICATED THAT THE T34 HAD EXITED ITS RESTRED AIRSPACE WITHOUT A CLRNC.

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.