Narrative:

We were cleared by tower to depart runway 31, after takeoff turn left to 280 degrees and climb to 3000'. After takeoff we turned left to 280 degrees and contacted departure control on 119.35. Departure control responded 'radar contact climb to 4000'.' we set 4000' in the altitude alert window in the cockpit and continued to climb and accelerate to 250 KTS. Passing 3500' I noticed air carrier Y in our 10 O'clock position less than 1 mi that appeared to be at 4000'. His flight path was converging with ours. I pushed the nose down gently to stop our climb and actually descended to about 3000' as air carrier Y passed directly overhead. We asked the departure controller what altitude air carrier Y was assigned. He responded '4000'.' we answered that he had just given us 4000' clearance a few mins prior. He paused and then said he was sorry, that he meant to clear us to 3000'. Nothing further was said about the incident. I believe the controller may have thought he said 3000' to us, but he actually said 4000'. He never did call out air carrier Y as traffic to us either.

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Original NASA ASRS Text

Title: LESS THAN STANDARD SEPARATION BETWEEN 2 ACR. OPERATIONAL ERROR.

Narrative: WE WERE CLRED BY TWR TO DEPART RWY 31, AFTER TKOF TURN LEFT TO 280 DEGS AND CLB TO 3000'. AFTER TKOF WE TURNED LEFT TO 280 DEGS AND CONTACTED DEP CTL ON 119.35. DEP CTL RESPONDED 'RADAR CONTACT CLB TO 4000'.' WE SET 4000' IN THE ALT ALERT WINDOW IN THE COCKPIT AND CONTINUED TO CLB AND ACCELERATE TO 250 KTS. PASSING 3500' I NOTICED ACR Y IN OUR 10 O'CLOCK POS LESS THAN 1 MI THAT APPEARED TO BE AT 4000'. HIS FLT PATH WAS CONVERGING WITH OURS. I PUSHED THE NOSE DOWN GENTLY TO STOP OUR CLB AND ACTUALLY DSNDED TO ABOUT 3000' AS ACR Y PASSED DIRECTLY OVERHEAD. WE ASKED THE DEP CTLR WHAT ALT ACR Y WAS ASSIGNED. HE RESPONDED '4000'.' WE ANSWERED THAT HE HAD JUST GIVEN US 4000' CLRNC A FEW MINS PRIOR. HE PAUSED AND THEN SAID HE WAS SORRY, THAT HE MEANT TO CLR US TO 3000'. NOTHING FURTHER WAS SAID ABOUT THE INCIDENT. I BELIEVE THE CTLR MAY HAVE THOUGHT HE SAID 3000' TO US, BUT HE ACTUALLY SAID 4000'. HE NEVER DID CALL OUT ACR Y AS TFC TO US EITHER.

Data retrieved from NASA's ASRS site as of August 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.