This is a known issue related to a story change in the first console patch, with games started before then. Games started after either the 1.04 or 1.05 patch would not have this problem.
A fix for this would have required another change to story, which in general have a significant chance of unintended consequences, and require a much more thorough QA period. It was decided fixing this in the 1.05 update was too risky, given the relatively limited number of saves affected (only games started before the first update that hadn't gotten to this point) and the chance to cause problems with all existing saves.
