Kansas City, Mo. ? A U.S. Army captain facing a court-martial, accused of smuggling fully automatic weapons home while serving in Iraq, will be discharged Tuesday, a military prosecutor said.

Capt. Clinton Sperry came under investigation in March after an anonymous tip that he mailed two AK-47 assault rifles, an MP5 submachine gun and a 9 mm pistol from the war zone in Iraq to his home in Oak Grove, according to Maj. Everett Yates, the chief prosecutor handling the case at Fort Leavenworth, Kan.

Military prosecutors don’t intend to continue the case. But Brian Compton, who heads the Defense Criminal Investigative Service’s Kansas City office, said the agency was exploring referring the case to a federal or state prosecutor.

“If someone brings guns in from out of the country, you could have customs violations, and if the weapons are illegal, there could be weapons violations,” Compton said.

Sperry was an Army Reservist with the 418th Civil Affairs Battalion in Belton. Civil affairs soldiers work with residents in combat areas to ease the impact of fighting and to help restore order. About 90 members of the 418th returned to the Kansas City area from Iraq in March.

Yates said his office already had started the process to court-martial Sperry when he requested a discharge, which was granted by an Army review board and is effective Tuesday. Privacy issues restrict releasing the type of discharge issued, Yates said.

Soldiers who request a discharge after a criminal military investigation usually are given an “other than honorable discharge,” Yates said.

Military investigators said they recovered four weapons from Sperry’s home that were allegedly mailed from Iraq to suburban Kansas City.

The U.S. Central Command issued orders as recently as February advising commanders and soldiers not to bring “war souvenirs” or “war trophies” home from Iraq.

Military officials said similar orders had been in place since the Vietnam War prohibiting soldiers from “taking enemy material as souvenirs” or any weaponry. Wartime keepsakes are limited to items such as foreign currency, books and photographs.

Lt. Col. James Suriano, Sperry’s commander at the Army Reserve unit in Belton, did return a phone message left by The Associated Press last week. Attempts to reach Sperry were also unsuccessful. A message left for him was not returned.