A B737-300 FLT CREW FAIL TO TURN AS DEPICTED ON A SID DUE TO A CLRNC FROM THE DEP CTLR.

Narrative

ON DEP (SJN) CLBING THROUGH 7000 FT MSL; DEP ISSUED THE FOLLOWING CLRNC: 'COMPANY X; CLB AND MAINTAIN FL210. OUT OF 9000 FT; TURN DIRECT FORPE; THEN RESUME THE SJN DEP. YOU HAVE VFR TFC AT YOUR 2 O'CLOCK POS AT 8500 FT.' WE STAYED ON OUR 260 DEG HDG UNTIL 12 DME; 3 MI PAST THE DEPICTED TURN POINT ON THE SID. AT 12 DME; DEP WANTED TO NOW WHY WE HAD NOT TURNED. WE TOLD THEM; 'OUR LAST CLRNC WAS TO CLB TO 9000 FT THEN GO DIRECT TO FORPE!' WE WERE THEN ISSUED A TURN TO HDG 360 DEGS AND TOLD WE WERE NEVER TAKEN OFF THE SID PROC! THIS CLRNC WAS AMBIGUOUS AT BEST! IN LIGHT OF THE TA AND THE FACT THAT WE WERE ISSUED A SEPARATE CLRNC FROM THE SID PROC; WE FELT THAT WE WERE NOW ON AN AMENDED CLRNC FROM THE SID. SUPPLEMENTAL INFO FROM ACN 618506: PLT WAS FLYING WBOUND ON THE SJN3 DEP. THE DEP INDICATES 'AT 9 DME TURN R HDG 360 DEGS.' I (CTLR) ISSUED A CLRNC AS FOLLOWS: 'LEAVING 9000 FT; TURN R DIRECT FORPE.' SINCE I DIDN'T SAY FLY 'RWY HDG;' I WAS EXPECTING THE PLT TO COMPLY WITH THE DEP PROC AND TURN R TO A 360 DEG HDG AT 9 DME AND THEN LEAVING 9000 FT TURN R DIRECT FORPE. PLT NEVER TURNED NBOUND AT 9 DME. MY BELIEF IS THAT SINCE THE ACFT WAS CLRED VIA THE 'SJN3 DEP' AND I ALTERED THE CLRNC 'LEAVING 9000 FT;' THEREFORE; THE ACFT NEEDS TO ADHERE TO ALL THE RESTRS ON THE 'SJN3 DEP' AND THEN TURN R DIRECT TO FORPE. IF I WANTED TO TAKE THE ACFT OFF THE SJN3 DEP; I WOULD HAVE SAID 'FLY RWY HDG (OR PRESENT HDG); LEAVING 9000 FT....' SINCE I DID NOT SAY SO; THE PLT WAS LAST CLRED VIA 'SJN3 DEP.'