Will not sleep on Battery

My husbands laptop has been having this problem now for a few weeks
History
Win 7 32 been working fine for over a year.
The red x showed up on the battery a few weeks ago saying replace battery soon. We all know this is NOT a windows 7 problem b/c MS says so
I let it charge to a 100% and die on its own a few times and the x went away for a few days. Then it came back and now the computer will not sleep.
Power setting on all the laptops are the same and have been the same.
Low battery 10% do nothing
critical 6% sleep.
But when it reaches 6% it acts like it is going to sleep and then it starts again. I checked to see if there is anything new waking it but nothing shows up when I query it in cmd
Also when I press the pwr button which is supposed to make it sleep nothing happens when on battery but when plugged in it sleeps.
Anyone have any idea what is going on.

Thanks

Update to history:
My son's laptop has had the x on his battery for months and it never acts like that. In fact it doesn't act any different at all.

The x showed up on my laptop about the same time it initally appeared on my husbands and I completely fully charged & drained it several times and it went away the next day and has not come back. mine also never did what his is doing.

He blames it on an update he recently did. He wants to undo it.

Since I do not believe it is the battery from the obvious evidence could it be a MS update. if not what else... other than the battery