update: I lived with it until today when it popped real loud and the screen crapped out. after looking at it you can clearly see a small burn/shorted spot on the upper right with discolored pixels surrounding below it. The scree only shows red if it comes on at all. When it does come on it flickers and dims before fading out. Also the right side is dimmer then the left.
called apple "go to apple store, sorry I can't get them to pick up in store but I'm sure they can replace it and you don't need a genius appointment for a product that completely doesn't work"
Drive to annapolis (30 min with traffic) get to the mall and get told "oh yeah it isn't supposed to look like that, we can see you at 5:45 so a tech can look at it ( 1hr 15min later). So i drag my son around the crowded mall and pay to get subpar chipotle when i had a bangin steak at home calling my name. Back at the apple store, "Oh wow, yeah there isn't any physical damage. I can see the spot under the glass and definitely have never see a screen act this way. Sadly we don't exchange, we send off to repair but let me go check. (10 minutes passes) "Yeah sorry you will have to send it in then come back and pick it up" even after telling him I was sent there I was told there was nothing they could do. I told him to put it in the notes that there was no sign of abuse or physical damage. Then I called applecare and told them I wanted one sent out and I would send mine back afterwards. Now I just have to wait 2-3 days.
note: I like apple service, a lot, but they really talked like that and the phone support guy seemed new as he was stumbling around every answer
another note: I did have to put a hold on my CC to get one sent first but this was I don't get the same watch back cause mine has a few scuffs on it anyways.