novell has provide me with a new aclcheck.nlm that fixes this issue.
This is a beta module that can be used either with 3.9 or 3.9 sp1 beta.
If you're interesting on testing the fix, email me at:

gonzalo dot morera at gmail dot com

and please provide any feedback here.
If positive feedback is received, this module with the fix will be
included on the official release of bm39sp1