After a few hours of messing around wondering why it wouldn't update @Wilson So Thanks for that note on this finally got it updated.
would be nice if there was some feedback in the error message not just "can't update", not even a cryptic error code. Also why can we not update when connected to an always on power source and we have to update using a battery? Seems a bit odd, I mean I can unplug the batter or it can die just as easily as I can unplug it from my computer when doing an update.