The 38th having been surrendered on July 4, they were paroled July 8th, and then marched out of Vicksburg a few days later and within a week, were granted a furlough of some 30 days with the priviso they assemble at the end of this period at a parole camp, this appears to have been at Enterprise, Miss.

Their signed parole certificate required they not take up arms again, until duly exchanged by the proper authorities which was accomplished prior to December 20, 1863 while in paroled camp at Enterprise, Mississippi.

Exchanged, the regiment contained 24 officers and 115 men in December, 1863

If a soldier’s period of obligated service had not expired, he was required to return to fill out that obligation. Not doing so, he would have been declared a deserter until he returned, if so.

It's quite possible that he found it impossible to return to his regiment. It would be interesting to see his pension application file to ascertain it's acceptance.