position counter balance ailerons

As is evident in the pictures there is a difference in the position of the counter balance. Not easy to correct. Would it be a problem to leave it as it is?

I suggest you ask Vans but I wouldn't be happy to leave it, especially being a control surface. The rib upper flange is distorted so something is not right. Also, is that a piece of blue plastic on a part that's already been riveted in place?

I removed all the rivets on one site and from the counterbalance and the one from the outer and inner spar rib.
Positioned again, made new holes in the rvs tube and riveted everything together.

Now the alignment is good. And all because In the beginning I started with the RVS tube and after that I tried to rivet the small rib. First read than act

The blue color is not the phenyl plastic but the reflection of a wing panel behind me

Sounds like a good result.