That's another way of looking at it.

I thought if it was recorded officially on the records from NARA - 'through our lines and straggler' and 'deserter' would have meant his immediate imprisonment by the Union?

I can't think how he gets 'let off' goes to Confederate Lynchburg gets married... joins the fight again gets captured (no record) and then released. No battle after Seven Pines mentioned in his memoirs either.