"Fly over him as if I was going to dive to see if he puls up. He does not so I pull up and go over the top (Now I have 7 or 8k on him) and dive straight down. He pulls straight up and I know the HO is comming so I breack left. Two dings and my tail is off. Look back he is d800. lol"
I don't believe that P-38 vs P-38 was the problem here. That scenario could be any plane.
I believe that the mistake you made was to pull off your initial attack. You had him low and slow and you had superior alt and speed.
On the inital dive, I would have pushed the attack and forced him to do something and gone for a nice deflection shot. If you missed the shot, he was forced to turn or go up with minimal speed/E which would have burned more speed/E.
Seeing that you were fast, after the miss, then zoom up, while watching how he egresses, and then push the attack again basically in the same manner.
His pull up, and shot to your tail would be something that I would write off to luck on his part and not get discouraged.
Keep pluggin at it ...