Asrock Z77 Pro4-M BIOS Clock stopped

My windows clock is slow when I am using an application. When I go into my BIOS the clock is stopped all together.

When I first got the board I had an issue with the time running extremely fast skipping ahead hours into days, where I couldn't even change the clock. Changing the CMOS battery fixed this. A week or so later I noticed it runs slow but only while it is off or I am running an application. And just recently when I go into my BIOS the clock is stopped, which leads me to believe when the PC is off the clock stops as well. Booting back into windows and resync-ing fixes until next power down or major application is launched.

Is this a board defect?
If it is I am still within my Return policy and would like to take care of it with Newegg vs ASROCK, but I also don't want to go through the process and be without a board for no reason.

I have all ready replaced the CMOS battery and reset the BIOS(redundant I know) to be sure. I have the latest P1.30 BIOS as well.

I also saw that newegg review with 1 person having that problem and another thread on another forum. But no solution.

Any ideas?