Not sure this is the issue, but in 2010 they went to a helical 5th gear to quiet down what was a widely reported 5th gear whine.

 

I have an 09 Ultra also, never had a problem so far. Bought it new and have always done everything to it myself. The two recalls that I took it in to have HD do them I ended up having to go back and correct things myself. This is why I do all to my bike. SORRY for your troubles, hope all works out with them correcting it.

 

I have a 09....My tranny went last year one day after I bought it....it was the 5th gear and bearing....the dealer took care of it...Only problem Harley does not make the gear set for a 09 any more....so the dealer gutted the tranny...put all new 2013 bearings and gear set in the bike...flashed the computer....called me and said enjoy the Bike....I also Run red line in mine....1 qt. never any issues....since.....They should take care of it....if it's bad...you will end up with a new 2013-14 tranny....