On the outside yes....on the inside maybe. Ford was still building the 38 gearset into some 39 production. Most likely the pickup trucks and Standard Fords got 38 gears into the 39 model run. Of course, that particular trans could have been rebuilt at some time with the newer 39-48 gearset.
A check of the serial number will confirm the model year of the case. It should also have the 81A-7222 shifter housing with the double detents.