went in and got my iPhone swapped today on the spot ( i restored to a clean 4.3 and the issue was still present)
fortunately the new iPhone they gave me was on 4.2.1, not on 4.3
So I did a greenpois0n jailbreak
only problem is that the iPhone camera app lens doesn't open
this didn't open from the beginning
he offered to restore it to 4.3 for me in hopes of fixing the issue,.... but i declined saying I'll try it my self
i want a JB damn it! lol
i did some research and it seems it's a memory issue (Strange considering this iPhone is fresh... nothing installed)
but people have fixed it.. so I'll try to fix it
if anyone has any advice I'd love to hear it
Thanks