No. That we're supplying 155mm cluster bombs proves what the problem is fundamentally.

Ukraine is using far more 155mm ammo than anyone ever expected. USA sent hundreds-of-thousands of rounds last year. When USA's stockpiles ran low, we bought out South Korean's stock pile and gave it to the Ukrainians. When that's running low, we suddenly send cluster bombs that were going to be disposed of.

Ukraine's got shell hunger and there's not enough 155mm production to support Ukraine. That's the problem.

3% is miniscule compared to the 40% reported for the Russian munitions. Given the quantity of DPICMs and their far lower dud rate, it's basically just an accounting error at that point.

It's also a false equivalence to compare DPICM vs no DPICM -- the longer the war drags on, the more low-grade munitions will be used from deeper stockpiles which will inevitably have a substantially higher dud rate.

The math you're using is a tad hyperbolic. 1 to 3% of 88 bomblets is not 2-3 duds, in fact it is less than 1 to 3. If you're thinking about 10 shells we can do math with better precision, and the result is less than 30, it is 9 to 26. Nevertheless, the failure rate I've seen elsewhere is 2.76%, so for 10 shells that is 24 duds. At this stage you might think 24, 30, it's almost the same.. But also dud bomblets are not equivalent to mines. On the short term they are most definitely not like mines. On the long term, on the context of managing their danger, they can be thought of as mines, like mines left on a field for a long time. Some blow up, some don't. Nobody wants them on their yard.

In all cases I'd use them in my yard if it helped me fight a murderous sadistic thief out of my stuff. If only just to disincentivize their murderous sadistic thieving actions from attacking my neighbours and other people.