soo im pretty shure its a bent fork i was adjusting that shift shaft screw and watch the shift star as i was shifting it, it would click half way in then you move it and it would click in the rest of the way and the more i adsuted it it would do it in differnt gear so it seems like the fork is bent.
so i will have to pull the motor and split the case yay! : (
and the drum retainer was tight