Narrative:

Cruise altitude FL380; requested ride report FL400 from washington center who asked another aircraft for ride report FL400. Aircraft responded with positive ride. Center controller advised us of ride condition FL400 and gave a climb clearance to FL400. We acknowledged with company call sign and to climb clearance to FL400. Less than 300 ft into climb TCAS traffic appeared at FL390. I looked to confirm traffic was opposite direction and immediately disconnected autopilot and started descent to FL380; at that point receiving a RA advisory. Traffic passed above and right to our flight path estimated 2-3 miles. My inquiry with washington center provided no explanation.

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Original NASA ASRS Text

Title: An air carrier Captain reported taking evasive action to a TCAS RA at FL383 from traffic at FL390 after getting clearance to climb to FL400.

Narrative: Cruise altitude FL380; requested ride report FL400 from Washington Center who asked another aircraft for ride report FL400. Aircraft responded with positive ride. Center Controller advised us of ride condition FL400 and gave a climb clearance to FL400. We acknowledged with company call sign and to climb clearance to FL400. Less than 300 FT into climb TCAS traffic appeared at FL390. I looked to confirm traffic was opposite direction and immediately disconnected autopilot and started descent to FL380; at that point receiving a RA Advisory. Traffic passed above and right to our flight path estimated 2-3 miles. My inquiry with Washington Center provided no explanation.

Data retrieved from NASA's ASRS site as of April 2012 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.