it may as stated be overfull, or even a small amount of moisture will cause the fluid to expand dramtically when warm, and whipped by the gears. Cover both bases, get the correct oil, and change it, measure in the right amount.
I dont know why its got top end gaskets done, its a 10 yr old bike, it may have broke down before, or maybe its got adjustable lifters, i thought later HD was all hydraulic, maybe not the sporty. People think changing the air filter assy with a fanch chrome one adds power, the fact is the original unit as well as the exhaust was the result of tens of thousands of hours of testing for 80 yrs, and then some small shop builds a shiny unit, claims more power, and they sell like candy, when in fact they sometimes rob power.