Among the founders of the regiment was Lt. Col. (later Colonel)[1] Powhatan Bolling Whittle of Mecklenburg County, who was later wounded at the Battle of Williamsburg.

[2] The 38th participated in the campaigns of the Army of Northern Virginia from Williamsburg to Gettysburg, then served in North Carolina.

Later it was attached to the Department of Richmond, fought at Drewry's Bluff and Cold Harbor, endured the hardships of the Petersburg trenches, and ended the war at Appomattox.

The regiment totaled 544 effectives in April 1862, and sustained 9 casualties at Williamsburg, 147 at Seven Pines, 94 at Malvern Hill, and 16 in the Maryland Campaign.

More than fifty-five percent of the 400 engaged at Gettysburg were disabled and it reported 11 killed, 30 wounded, and 10 missing at Drewry's Bluff.