GE cafe fridge

I have a GE cafe fridge I purchased on 2022 and what I’ve noticed over the last few months is the upper fridge temp area stays at pretty much 39-40 at all times. No matter if I have it set at 34 or 38. I have thermometers in there but I also test water with a thermapen to make sure. Obviously I know this isn’t right but before calling out an appliance guy I’m curious as to what could be the main culprit. It seems like it could have to do with the fan that pushes air from the freezer. The freezer is always perfectly fine, if not even a little extra low (have it set at -5 and it reads -10 most of the time) and the middle compartment that I can set between 23f -37f is fine as well.

Any thoughts are appreciated.