He appears to have been subject to Court Martial and dismissed from the service. Subsequently serving with the 6th Georgia Militia . There are no records of his presence with the 6th Militia, however, this is not unusual as records during the last year of the war, records are scarce.

Benjamin Franklin Walker

Residence Fulton County GA;
Enlisted on 3/4/1862 as a Private.
On 3/4/1862 he mustered into "K" Co. GA 42nd Infantry
He Resigned (date not stated)
(Resigned in 1864)
He was listed as:
* POW 7/4/1863 Vicksburg, MS
* Paroled 7/7/1863 Vicksburg, MS
Promotions:
* Lieut (1864, as of Co. A)
* Jr 2nd Lieut 3/20/1862
* 2nd Lieut 10/11/1863
He also had service in:
"A" Co. GA 6th Militia (Commisioned in 1864)

Sources used by Historical Data Systems, Inc.:
- Roster of Confederate Soldiers of Georgia 1861-1865

.............

Benjamin F. Walker, Jr. (Bvt.) 2nd Lt., Company K, 42nd Regiment Georgia Infantry, volunteered March 14, 1862 at Atlanta, Ga. by Capt. R. F. Maddox for 3 years or during the war, was 1st Sergeant from 4 to 20 March, captured at Vicksburg, Miss. July 4, 1863, paroled July 6, promoted 2nd Lieutenant October 11, 1863, "dismissed the service" April 29, 1864, C. M. [Court Martial?], no further records

M266: Compiled Service Records of Confederate Soldiers Who Served in Organizations from the State of Georgia