HT4623 i want to update my ipod touch but it says i am up to date when i no its not

i have a ipod that has not been used for a while but i now want to start and use it but i've tried to up date it but it says it is but it is using ios 3. please help any one ....

I suspect you have the original (first generation, 1G iPod those can only go to iOS 3.1.3, If your iPod does not have an internal speaker and no volume buttons on upper left edge it is a 1G.
Otherwise:
To update
The Settings>General>Software Update comes with iOS 5 and later.
Connect the iPod to your computer and update via iTunes as far as your iPod model allows
iOS: How to update your iPhone, iPad, or iPod touch
A 1G iPod can go to iOS 2.2 via iTunes and iOS 3.1.3 via
Purchasing iOS 3.1 Software Update for iPod touch (1st generation)                   
https://buy.itunes.apple.com/WebObjects/MZFinance.woa/wa/touchLegacyLandingPage
- A 2G to 4.2.1. Requires iTunes version 10 or higher. If a Mac it requires OSX 10.5.8 or later.
- A 3G to 5.1.1  Requires iTunes version 10.5 or later
Identifying iPod models

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