UPDATE
After much more research I believe that I have solved the issue. The only thing I had done by an "expert" was the control board. Well they did diagnose it correctly that it was fried since there was a burn mark on the control board but what they could not figure out was why the fridge was still warm and the damper assembly would not stay open.
After much research I figured it out. On the new control panels and it depends on which fridge model you have the wire in J1 pin 2 has to be cut. That was what he did not do. Once I cut that, plugged it back in the evaporator fan kicked in "high gear" blowing cool air through the damp which is now staying open. After the fridge has been running for about and hour it has gotten down to just below 40 and it's stayed open. Before it kept closing after about 3 minutes. Which from my readings it sounds like it was kicking into Liner Protection Mode.
Hopefully this will help someone else having the same issue. Which the tech would have done his job and the funny thing is that I remember him mentioning it but at the time I didn't know as much as I know now.