More info... On my 7/11 build date 2012 with Halogen fronts and rears, the headlight switch from my old 3/08 build 128i illuminated the halogen tails and did NOT send any error messages to the check control. I opened the switch and compared the boards and they are IDENTICAL. one difference though is that the '12 switch contained 2 plungers for the fog lights as opposed to 1 on the '08 switch. I removed the tabs locking the lower switch in place, and now I have rear fogs, and the indicator illuminated on the dash when switched on.
Now I have to find out if the LED 12+ lights will work in my car without further modifications.