OK so I narrowed down the problem with flickering in bfbc2 its an issue with windows 7 64 bit. Also the lockups where my processor not getting enough juice but now Its stable
http://www.hardwareheaven.com/reviews/1062/pg10/nvidia-gtx-580-oc-vs-radeon-6870-oc-crossfire-vs-radeon-5970-civilization-5.html
A link to show 5970 performance in civ 5 being 88
min fps
GPUZ shows crossfire x disabled on the first selection and enabled on the second selection
Uningine heaven x4 AA afx16 1920x1080 scores came out to 41 fps and today they are at 37 no settings changed.
I read here:
http://www.overclockersclub.com/reviews/sapphire_toxic_hd5970/12.htm
that the stock for my sapphire 5970 should run 51 fps on stock I have oc to 825c and 1250 memory but the frames remain at 34-41fps
on their website the setup they used was an I7 set to 3.2 im wondering if my x4 970 is creating a bottleneck at 4.0ghz. I use dominator vengeans 88824 their timings are 7.7.7.24 on 12800.
Furmark revenge of the furry donut vs 1.9:
Running fullscreen with regular bench settings giving me a score of 5103 and on their score chart im scoring roughly around where a single 4870 would score
With gpuz ran with furmark it says my cores are drawing hardly more than 50w a peice
Also most games run but with alot of stuttering also uningine stutters often or shakes a bit. This is after I formatted and reinstalled windows 7 64 bit with minimum drivers and catalyst 11.2 fresh install. Im out of ideas besides RMA or cpu bottleneck.
Im going to RMA as long as Msi afterburn hasn't void warranty.