OK after extensive troubleshooting, I have discovered 4 seperate issues.
Problem 1> My device switches Parity on the fly. This is not documented and took a long time to discover.
Problem 2> NI VISA has been changed to either fix a bug (or created one) where this (change of parity) now causes a problem with the system where VISA 2.60 (and earlier did not have a problem with this)
Problem 3> Seems that VISA autodetects the Parity?? and switches it because when checking the Parity at run time it was always switched to none and should have been even according to my setup.
Problem 4> Still outputs this error and I have no insight into the actual problem, So now that the parity is set correctly at the correct time, the error message is trapped and the r
est of the program works fine. I would love to send the VISA spy log to someone at NI in the visa group who maybe able to put me onto the actual source of this error. I have trapping an error due to programming defiancies.