As stated previously, I followed intels instructions.  I'm guessing its either my SSD at fault, or possibly the board as it was an open box purchase.  
My SSD is a first gen OCZ Solid 30gb.  it was bought second hand so I don't know what sort of life its had.  The mSata drive was planned before I even attempted to get this running as I just wanted to see how fast it ran, I have plans for this current SSD anyway.  
I've finally got a messge back from gigabyte's tech support with some specific software versions that are confirmed working so I will try again some time this week.