He was then appointed a Lieutenant Colonel of a Regiment of the Virginia Militia June 5, 1780 and he served as such for a period of fourteen months. He served in the Battle of Great Bridge, at the burning of Norfolk and he was also at the Battle of Quinn's Island and he also served at the Battle of Brandywine. He served at the Battle of Germantown as a captain and in Gates Defeat as a colonel. President Uonroe served in his company for a short time as an ensign. Major Richard Gaines swears as to his service.

He was appointed a captain in September of the year 1775 in a minute battalion under Colonel J. Talifron and in the year 1776 he was appointed a captain in the regular army, and at that time, he was attached to the 7th Virbinia Regiment under command of Colonel William Dangerfield.

His property at that time was worth ony $450. His wife, Sarah, at that time was at the age of 74. Joseph D. Spencer was age 47, and Joseph and Milly, and infirm slaves were all dependent upon him for their support. James M. Lillard was the attorny for the heirs.

He was on the Kentucky Roll of Pensions at the rate of $20 per month to commence May 28, 1818. His Certificate of Pensions was issued February 13, 1819 and it was sent to Honorable R. M. Johnson, House of Representatives.