I would like to update on my original message after deleting my ISPW from my macbook pro. So after a few days it seems this has been the best resolution for me. I now get nearly 7 hours out of my iphone 5 64GB model, and to clearify with out settings things off now like bluetooth, personal hotspot and LTE.
What i can gather from is if your restoring either with DFU or regular restore through itunes and still setting up as new device you might still have a firmware bug if the ios 6 download was sitting on your computer from launch day if you happen to have downloaded it from the 19th of september when it was released and was using it on a older iphone model before getting the 5.
Everyone here should try this method before trying to get an exchange.
FYI;
If your on lion or mountain lion you'll need to do this method to find the file first and delete it so you can redownload the ispw file for restore.
Go to file finder,
Then click at the same time, command+shift+g
You'll see a window which will say "Go to the folder: Put in it ~/Library then click go
Then go to itunes, iphone software updates, and now delete the file for ios 6.
Now plug your iphone 5 in to itunes and just click restore and once downloaded and restored setup as new phone and add email accounts one at a time. Voila