I have seen the same sporadic not returning to the correct position. I had assumed it was something I was doing wrong but haven't figured it out yet.I found sporadic operation with mine so I ended up turning it off. For me it wouldn't return to the correct position when I'd enter the car and start it up. It might have something to do with me not putting my seat belt on or something else. Right now I just use the #1 and #2 memory settings for getting in and out.
I do use the same key. I guess I haven't cared enough to figure out the exact conditions it fails. Maybe the OCD part of me will come out and I'll document it.Do you always use the same key? The setting is usually programmed to the key your using when you set it.