A B757 overshot its altitude and caused an RA with an approaching B737.

Attributes
ACN	652488
Time
Date	200503
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : orf.airport
State Reference	VA
Altitude	msl single value : 39000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zdc.artcc
Operator	general aviation : corporate
Make Model Name	B737 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Flight Phase	cruise : level
Flight Plan	IFR
Aircraft 2
Controlling Facilities	artcc : zdc.artcc
Operator	common carrier : air carrier
Make Model Name	B757 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Flight Phase	cruise : enroute altitude change
Flight Plan	IFR
Person 1
Affiliation	company : corporate
Function	flight crew : captain
Qualification	pilot : atp
ASRS Report	652488
Person 2
Affiliation	company : corporate
Function	flight crew : first officer
Events
Anomaly	altitude deviation : overshoot conflict : nmac non adherence : clearance non adherence : far
Independent Detector	aircraft equipment : tcas other flight crewa
Resolutory Action	flight crew : exited adverse environment flight crew : took evasive action
Miss Distance	horizontal : 0 vertical : 400
Supplementary
Problem Areas	Flight Crew Human Performance ATC Human Performance Airspace Structure
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

In cruise FL390; nebound on J209; traffic was sbound on J209; instructed to climb to FL380. The traffic did not level off at FL380 and continued climbing. His climb rate was 500 ft or more as our TCASII had an 'up' arrow next to his target identify. My TCASII gave me an RA of 'climb; climb now.' I disconnected the autothrottles and autoplt and initiated a climb. My first officer estimated we missed by 400 ft vertically; 0 ft laterally. After passing; we descended back down to FL390.

Original NASA ASRS Text

Title: A B757 OVERSHOT ITS ALT AND CAUSED AN RA WITH AN APCHING B737.

Narrative: IN CRUISE FL390; NEBOUND ON J209; TFC WAS SBOUND ON J209; INSTRUCTED TO CLB TO FL380. THE TFC DID NOT LEVEL OFF AT FL380 AND CONTINUED CLBING. HIS CLB RATE WAS 500 FT OR MORE AS OUR TCASII HAD AN 'UP' ARROW NEXT TO HIS TARGET IDENT. MY TCASII GAVE ME AN RA OF 'CLB; CLB NOW.' I DISCONNECTED THE AUTOTHROTTLES AND AUTOPLT AND INITIATED A CLB. MY FO ESTIMATED WE MISSED BY 400 FT VERTLY; 0 FT LATERALLY. AFTER PASSING; WE DSNDED BACK DOWN TO FL390.

Data retrieved from NASA's ASRS site as of January 2009 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.