Rules Question: Psionic Hybrids and Power Selection

Mewness

First Post
According to the rules for hybrid characters who have power points on one side and no power points on the other (pp 137-138 in the PHB3), such a character selects "encounter attack" powers as follows:

Level 1: take either the hybrid PP option (which gives you some PPs, but no additional powers) or take a level 1 encounter attack power from your no-PP class. I.e., if you take the hybrid PP option, you effectively upgrade your augmentable at-will power to "encounter attack power" status.

Level 3: If you took the hybrid PP option at level 1, you now take a 1st or 3rd level encounter power from your non-PP class. If you took an encounter power at level 1, you now take the hybrid PP option and swap your level 1 PP at-will for a level 3 at-will if you like.

Now, I have an Avenger|Battlemind who took the hybrid PP option at level 1, and an avenger power at level 3. The thing is, both the old CB and the new CB insist that I can also swap my level 1 battlemind at-will for a level 3 battlemind at-will. (In fact, the old CB gets kind of snippy if I don't make the swap.) This is expressly allowed in the rules if you take hybrid PP at level 3, but not if you do it at level 1.

My own feeling is that both the CBs are wrong here, and that the swap should only be allowed if you take hybrid PP at level 3. To me, having both a level 3 augmentable at-will and a level 3 encounter power seems like having two 3rd-level encounter powers, which a 3rd level character cannot do ordinarily. But one person has already disagreed with me, so I'd like to hear others' opinions. Were it considered legitimate, I would happily make the swap, but I assumed it was illegal.

What do people think?
 

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Someone

Adventurer
You're right, if you choose the 1st level psionic augmentation option you can't change your at will at 3rd level, which is very explicit by the phb3 rules.
 

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