Davis Gap and Davis Crossroads are not the same. Avery's regiment was part of Crews' Georgia Brigade, stationed at different gaps along Lookout Mountain. Brig. Gen. George Crook's Cavalry Brigade forced a passage of Winston's Gap near Valley Head, AL. Shortly afterwards they forced Confederate cavalrymen out of Davis Gap on the eastern face of Lookout Mountain and entered Broomtown Valley, deep in the rear of Bragg's army.

The soldier's military service records conclusively show the pension account to be in eror.