no, not without filing away about 3/16" of the plastic on the top handguard.
if you haven't bought the 38EX yet, check out the new ARMS cantilever extension. the cantilever extension replaces the spacer usually used with the 22M68, and gets the aimpoint further forward. the new extension is described in a post by MSTN in the optics forum and also in the EE forum. if you are not mounting an aimpoint, sorry, disregard.
jim aka ar-jedi