UDP being a special case there will be other special cases for non-TCP protocols including ones we have not invented yet
that there is no reason to insist on the fallacy.
So, your reduced requirement is merely that:
The systems level argument for a layer 3.5 solution is that it can cover a TCP case.
which is a TCP specific layer 4 solution.
Note that layer 4 protocols can and will share some function calls to control M6, just as TCP and UDP can share a function call to compute check sum that it is an issue independent of layering. We don't have to make transport layer check summing layer 3.5, only to let TCP and UDP share some function calls.