Before I saw the xrays, i assumed based on your comments this guy had attempted fixing an avulsion fracture.
It isn't a Jones fracture because it's a few mm distal. So what? Based on the Dameron-Lawrence-Bofte classifcation, or "Zone Classification," which is a far more useful guide than that stupid Stewart classification shoved down our throats in school, these types of fractures are treated exactly the same way as Jones fractures.
5th Metatarsal Base Fracture - Foot & Ankle - Orthobullets.com
CBOW078 did absolutely nothing wrong here.
There's nothing wrong with the decision to non-op the patient either, by the way. It boils down to the surgeon's discussion with the patient, the surgeon's comfort level, and the patient's choice. It was an active athlete, surgery gives him a chance to get back quicker but does come with risks. I don't know this CBO fellow, but I'm sure this discussion was had with the patient prior to surgery.