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And again, you're reasoning is flawed. He's not an upgrade. The vehicle upgrades are listed in the vehicle's army list entry under the heading "Options". He's not there, hence he's not an upgrade. He's a separate unit with his own requirements. Your entire argument is that he's an upgrade because you say so, yet you can't explain why he's not listed with the other upgrades.
And trying to claim he is just because the datafile authors chose to use an exisiting category to insure that he validates properly just goes to show how desparate you are. How he's programmed in the datafiles is inconsequential. He's not an upgrade, and he can't be taken by an army in a different codex unless that codex or it's FAQ says so.
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