I found this little blurb while thumbing through Bodie's book on the 38. A photo caption on Pg. 215 says...
Tony LeVier posed with his boss, Kelly Johnson, and the prized dive flaps then being installed at the factory on all P-38J-25-LO and P-38L fighters. Retrofit kits were being sent out for the earlier series P-38J's. Engineer Kenneth Pittman was primarily responsible for the electrically actuated drive system. Dive flaps did not act as speed brakes; they, above all, affect the center or pressure distribution on the wing as compressibility came into play.
*edit*
Bodie also has the following on page 175, talking about compressibility and nose tuck tests done by Ben Kelsey on April 9th 1943.
Once the nose started to go under, indicating that the normal lift point of the wing had moved aft under the effects of compressibility shock waves, he would deploy the dive flaps. (the dive flaps did not decrease the aircraft speed in a dive. They merely altered the airflow over the wing surface so that the wing would not lose its lift.)
In this particular test the dive flaps failed to open, owing to different (hydraulic) deployment system on the test 38 than what was planned production models which used an electrically driven actuator with a
one and a third horsepower electric motor, turning at 15,000 rpm, would drive each flap down to a 35 degree angle in just one and a half seconds.