I would say he is correct due to the definition of a Wet Location in Article 100.
Location, Wet. Installations under ground or in concrete slabs or masonry in direct contact with the earth; in locations subject to saturation with water or other liquids, such as vehicle washing areas; and in unprotected locations exposed to weather.
Also the following is referencing the 2002 NEC & BICSI Standards.
Research into the various codes and design methods for under-slab conduit construction reveals that 300.5(D)(5) of the 2002 NEC requires that ?cables and insulated conductors installed in enclosures or raceways in underground installations shall be listed for use in wet locations.? In addition, BICSI?s Telecommunications Distribution Methods Manual, Chapter 4, Section 1, page 4-5, under the heading ?Wet Locations? states, ??slab-on-grade construction where pathways are installed underground or in concrete slabs that are in direct contact with soil (e.g., sand, gravel, etc.) are considered to be ?wet locations?.?
Hope this helps.
-Ed