Thank you @CSL @reubensangwich @bod and @vIGGiou riou. I decided to return the MiJ 44 but should I ever return to them a size 38 it would be, though admittedly I think there are better cuts than the 44 I'd prefer to explore.
In case anyone reading this thread should be interested in the sizing of LVC MiJ '44 in sizes 36 and 38 raw, here you go (I measured multiple sizes and the consistency is on point):
size 38: waist 19.75" across, 14" thigh, 14" front rise, 17.75" back rise, 10" knee, 9.5" leg opening.
the same numbers for 36 raw are: waist 18", 13 5/8" thigh, 14" front rise, 17 1/8" back rise, 9.75" knee, 9 1/8 leg opening.
For reference I measure waist not aligning the front and back waist band, knee is measured 13" down from crotch and thigh is BiG style (full).