That's an old post that was during the "investigation" phase, a software patch alone is not the solution.
I personally have not validated the bulletin below, but others have posted it frequently on this board:
SIB 24 07 03 Feb 2004
Automatic Transmissions Service Engineering
_______________________________________________
This Service Information bulletin supersedes SIB24 07 03 dated December 2003
Subject
GM5: Delayed P to D Engagement on Cold Start
Model
E46 with GM5: 325iA, 325xiA, 325xiTA, 330xiA from 09/02 up to 12/03
E46 with GM5: 325CiA, 325CicA, 330iA, 330CiA, 330CicA, 325iTA, from 03/03 up to 12/03
E53 X5 3.0iA with GM5 from 09/02 up to 12/03
E83 X3 3.0iA with GM5 from introduction up to 12/03
Situation
Customer may complain of delayed P to D engagement (2 to 30 seconds) during the first cold start in the morning
Cause
Unfavorable tolerances of C1 clutch housing causing internal transmission pressure leakafter extended (overnight) parking
Correction
ON A CUSTOMER COMPLAINT BASIS ONLY, after verifying the above mentioned situation,
REPLACE THE TRANSMISSION WITH THE IMPROVED UNIT
For transmission replacement procedure refer to RA 24 00 048 found in BMW TIS.
Important
Gm5 automatic transmissions replaced under the terms of this Service Information DO NOT require any technical Hot Line authorization contact number.
PARTS INFORMATION
Part Number Description Quantity
07 12 9 900 047 M12x1.5 self locking nut for output flange 3
24 00 7 515 157 GM5 trans for 325xiA/xiTA from 09/02 up to 03/03 1
24 00 7 523 279 GM5 trans for 325xiA/xiTA from 03/03 1
24 00 7 515 279 GM5 trans for 330xiA from 09/02 up to 03/03 1
24 00 7 523 281 GM5 trans for 330xiA from 03/03; and X3 3.0A 1