A federal appeals court has stressed that to be creditable for federal retirement purposes, military service must be of the active duty type, rejecting an argument from a retiree who sought to have Reserve time credited.

The court in case No. 05-3126 recounted that the Office of Personnel Management credited three years of the retiree’s active duty Air Force service toward his civilian retirement when he retired. However, it rejected his request for credit for an additional four years of time in the Air Force Reserve, on grounds that the law (5 U.S.C.