yeah i understand that im not at the 4.05 boost i wasnt planning on using that boost at all as i was just running fresh out of the box then when everything was confirmed stable (before any of these issues had developed) i was then going to use the boost
It was still boosting, at stock. Even with Game Boost disabled. The two things are different. Now, you've cut its auto-boost off.
This isn't just some faulty USB header on the motherboard that you can decide to just put up with, it's a bit more risky than that, even if you somehow were happy running at 3.65GHz when you've paid for more. The problem could get worse, the CPU or mobo will then not be refundable no questions asked, and you'll have to pray that they find it to be faulty, and could take time etc.