I agree the battlemind is messed up in that particular and for all you GMs out there like me who care and don't want to deal with all the endless debates, and agree that the dynamic from level 1 is off try this:

You Will Feel Me!
Daily Battlemind Utility Level 2
Psionic Illusion ranged 5
Minor Action
Effect: The battlemind creates a psychic double of themselves in an unoccupied space within range. The double does not occupy its space. The double cannot be targeted. The battlemind is considered to occupy this space for the purposes of actions with the psychic keyword only. The double last until the end of your next turn.
Sustain Move: The effect continues until the end of your next turn and you may teleport the double 3 spaces from its current position.
Sustain Minor: The effect continues until the end of your next turn.
Augment 1: One enemy adjacent to the double is marked.

It still isn't fixing the class, which, with the advent of Next will never be done now sadly, but, it takes a small step towards correcting an obvious injustice.

2nd version:

You Will Feel Me!
Encounter Battlemind Utility Level 2
Psionic Illusion ranged 5
Minor Action
Effect: The battlemind creates a psychic double of themselves in an unoccupied space within range. The double does not occupy its space. The double cannot be targeted. The battlemind is considered to occupy this space for the purposes of actions with the psychic keyword only. The double last until the end of your next turn.
Augment 1: One enemy adjacent to the double is marked.