An AS350 experienced an near midair collision with a T-38.

Attributes
ACN	715414
Time
Date	200611
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : zzz.airport
State Reference	US
Altitude	msl single value : 5000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Operator	general aviation : corporate
Make Model Name	AS 350 Astar/Ecureuil
Operating Under FAR Part	Part 91
Flight Phase	cruise : level
Flight Plan	VFR
Aircraft 2
Controlling Facilities	tracon : zzz.tracon
Operator	other
Make Model Name	Talon
Operating Under FAR Part	Part 91
Flight Phase	cruise : level
Flight Plan	VFR
Person 1
Affiliation	company : corporate
Function	flight crew : single pilot
Qualification	pilot : multi engine pilot : atp pilot : cfi pilot : commercial pilot : instrument
Experience	flight time last 90 days : 45 flight time total : 6800 flight time type : 4795
ASRS Report	715414
Person 2
Affiliation	company : corporate
Events
Anomaly	conflict : nmac
Independent Detector	other flight crewa
Resolutory Action	none taken : insufficient time
Miss Distance	horizontal : 0 vertical : 250
Supplementary
Problem Areas	ATC Human Performance Flight Crew Human Performance
Primary Problem	Ambiguous

Narrative:

After contact with and radar identify by the local military base class C approach control; I began a series of flight test maneuvers for airworthiness certification of a helicopter. This is a busy time for the approach controller as many of the returning military flight training aircraft have increased the controller workload substantially. As my aircraft was northbound in class D airspace between 2 MOA's and in a descent in preparation for the next flight test point; a T-38 approached from the west (directly from the sun) on an eastbound course. If the controller warned me of the approaching aircraft at my 9 O'clock position; I did not hear the call. My flight test engineer looked out his window (left side of the aircraft) and promptly alerted me to the rapidly approaching traffic. I leveled the aircraft off in time to see the T-38 pass directly beneath my aircraft and some 200-300 ft below me. I then heard the controller tell the T-38 that he had helicopter traffic directly above him. I do not believe the T-38 pilots ever saw my aircraft. I see the basic premise of see and avoid must not be forgotten.

Original NASA ASRS Text

Title: AN AS350 EXPERIENCED AN NMAC WITH A T-38.

Narrative: AFTER CONTACT WITH AND RADAR IDENT BY THE LCL MIL BASE CLASS C APCH CTL; I BEGAN A SERIES OF FLT TEST MANEUVERS FOR AIRWORTHINESS CERTIFICATION OF A HELI. THIS IS A BUSY TIME FOR THE APCH CTLR AS MANY OF THE RETURNING MIL FLT TRAINING ACFT HAVE INCREASED THE CTLR WORKLOAD SUBSTANTIALLY. AS MY ACFT WAS NBOUND IN CLASS D AIRSPACE BTWN 2 MOA'S AND IN A DSCNT IN PREPARATION FOR THE NEXT FLT TEST POINT; A T-38 APCHED FROM THE W (DIRECTLY FROM THE SUN) ON AN EBOUND COURSE. IF THE CTLR WARNED ME OF THE APCHING ACFT AT MY 9 O'CLOCK POS; I DID NOT HEAR THE CALL. MY FLT TEST ENGINEER LOOKED OUT HIS WINDOW (L SIDE OF THE ACFT) AND PROMPTLY ALERTED ME TO THE RAPIDLY APCHING TFC. I LEVELED THE ACFT OFF IN TIME TO SEE THE T-38 PASS DIRECTLY BENEATH MY ACFT AND SOME 200-300 FT BELOW ME. I THEN HEARD THE CTLR TELL THE T-38 THAT HE HAD HELI TFC DIRECTLY ABOVE HIM. I DO NOT BELIEVE THE T-38 PLTS EVER SAW MY ACFT. I SEE THE BASIC PREMISE OF SEE AND AVOID MUST NOT BE FORGOTTEN.

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.