You can date whoever you want. I'm 52 years older than my granddaughter and I take her on dates to the movies, Chuck E Cheese, Six Flags, etc.
Now, if he's having sex with you, that's a matter for the law. While you may be willing to consent, under the law you're not allowed to consent until a certain age. For many states, that may be 18, 17, or even 16. For those under 18, there are still conditions limiting that consent, and one of them is the other person can't be more than 2, 3, or 5 years older.
As for my personal opinion on the subject, it's not backed up by any law. But I have to wonder about a 38 year old LOSER who can't find anything other than a minor to be his girlfriend. I don't care about the age difference, itself, but the fact that you are a minor. Hell, I'm 22 years older than my wife, but she was 21 when we got involved.