I noticed the collar insignia in the picture. Did the Union wear these on their collars or just the shoulders? It appears it could be a captain, 2nd lieutenant or 1st lieutenant collar badge.
Could this possibly confirm he was confederate? I checked the 7th NY militia who had very similar uniforms but the medal on the strap is in the opposite direction in the photo I have. Would that matter? Also the badge he is wearing is a ribbon attached to a diamond shaped medal. I haven't been able to track any medals down that are shaped like diamonds though....