What type of HPT's are you taking? To have a test line as dark as the control, I feel like your HCG would have to be much higher than 38, like closer to 100-200. I'm just thinking back to me POAS days and with beta coming back around 144 my test line still wasn't as dark as the control (this was on cheapies).
When was the day of your first bleed? If it's a new pregnancy, you should've ovulated sometime around Dec 22. Did they do a second beta draw?
Hope the doctor can give you some answers!